SECTION 42, 43 OF CODE OF CIVIL PROCEDURE 1908

What is the Power of Court in executing transferred decree? What is Execution of decrees passed by Civil Courts in places to which this Code does not extend? Section 42 and 43 of Code of Civil Procedure 1908

Power of Court in executing transferred decree and Execution of decrees passed by Civil Courts in places to which this Code does not extend are defined under Section 42 and 43 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 42 of Code of Civil Procedure 1908 "Power of Court in executing transferred decree"

(1) The court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the decree shall be punishable by such court in the same manner as if it had passed the decree, and its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.

(2) Without prejudice to the generality of the provisions of sub-section (1) the powers of the court under that sub-section shall include the following powers of the court which passed the decree, namely-

(a) power to send the decree for execution to another court under section 39.

(b) power to execute the decree against the legal representative of the deceased judgment debtor under section 50.

(c) power to order attachment of a decree.

(d) power to decide any question relating to the bar of limitation to the executability of the decree.

(e) power to record payment or adjustment under Rule 2 of order XXI.

(f) power to order stay of execution under Rule 29 Order XXI,

(g) in the case of a decree passed against a firm power to grant leave to execute such decree against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of Rule 50 of Order XXI.

(3) A court passing an order in exercise of the powers specified in sub-section (2) shall send a copy there of to the court which passed the decree.

(4) Nothing in this section shall be deemed to confer on the court to which a decree is sent for execution, the power to order execution at the instance of the transfer of a decree" [U.P. Act No. 14 of 1970].

 

Section 43 of Code of Civil Procedure 1908 "Execution of decrees passed by Civil Courts in places to which this Code does not extend"

Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the authority of the Central Government outside India, may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.

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