Section 36 of The Code of Civil Procedure, 1908
Application to orders.
1[36. Application to orders.-- The provisions of this Code relating to the execution of decrees (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment under an order).]
Summary
- The rules about carrying out court judgments (decrees) also apply to court orders.
- This includes any rules regarding how payments should be made under an order.
- These rules apply as long as they are relevant and "applicable" to the specific situation.
- This section ensures that an order from a judge is just as enforceable as a final decree.
Practical examples
FAQ
1. Are temporary court orders enforceable under The Code of Civil Procedure, 1908?
Yes, Section 36 of the Act states that the provisions relating to the execution of decrees are deemed to apply to the execution of orders.
2. Does Section 36 of The Code of Civil Procedure, 1908 cover money payments?
Yes, Section 36 specifically includes provisions relating to payment under an order within the scope of execution rules.
3. How does the law distinguish between enforcing a decree and an order in Civil Procedure?
Under Section 36 of the Code, there is essentially no difference in how they are carried out, as decree execution rules are applied to orders as well.
Test yourself
1.Under Section 36 of The Code of Civil Procedure, 1908, rules for executing decrees are applied to what else?
2.What specific type of order is mentioned as being covered under Section 36 of The Code of Civil Procedure, 1908?
3.Does Section 36 of The Code of Civil Procedure, 1908 make every decree rule apply to every order?
4.If a party fails to follow a court order, how can the court respond using Section 36 of The Code of Civil Procedure, 1908?