Section 37. Certified copy of decree to be sent to Court whose decree appealed from

37. Certified copy of decree to be sent to Court whose decree appealed from.— A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. ORDER XLII APPEALS FROM APPELLATE DECREES PART II EXECUTION General 2[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).] 37. Definition of Court which passed a decree.— The expression "Court which passed a decree," or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,— (a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and 1. Ins. by Act 104 of 1976, s. 15 (w.e.f. 1-2-1977). 2. Subs. by s. 16, ibid ., for section 36 (w.e.f. 1-2-1977). (b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit. 1[ Explanation.— The Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the time of making the application for execution of the decree it would have jurisdiction to try the said suit.] Courts by which decrees may be executed 37. Procedure at hearing.— (1) On the day so fixed or as soon thereafter as may be convenient the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall may[4] [a full record of their evidence]. 1[(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified in clause (b) , clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may relate to any of the matters specified in rule 5.] (2) The Court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the Court[5] [under rule 6 or under this rule], the applicant is or is not subject to any of the prohibitions specified in rule 5. 1. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). 2. Subs. by s. 81, ibid. , for "pauper" (w.e.f. 1-2-1977).