Sections 42 and 43 of the Code of Civil Procedure, 1908
Sections 42 and 43 of the Code of Civil Procedure, 1908 deal with the powers of a court executing a transferred decree and the execution of certain decrees passed by Civil Courts in places to which the Code does not extend.
- Section 42 gives the transferee executing court substantially the same execution powers as if it had passed the decree itself.
- Specified powers include sending the decree for execution under Section 39, proceeding against a legal representative under Section 50, and attaching a decree.
- Section 42 also identifies powers that are not conferred on the transferee court.
- Section 43 enables execution, in territories where the CPC extends, of certain decrees passed by Civil Courts in places where the Code does not extend.
Section 42 CPC - Powers 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 execution of 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.
(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy thereof 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 any of the following powers, namely:
(a) power to order execution at the instance of the transferee of the decree;
(b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.
Amendment note: Section 42 was renumbered as sub-section (1), and sub-sections (2) to (4) were inserted by section 19 of the Code of Civil Procedure (Amendment) Act, 1976, with effect from 1-2-1977.
Section 43 CPC - 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.
Amendment note: Section 43 was substituted by section 8 of Act 2 of 1951.
Meaning and practical effect of Sections 42 and 43 CPC
Section 42 enables a court receiving a transferred decree to exercise the execution powers necessary to enforce it effectively. The transferee court may use the powers expressly listed in sub-section (2), but the limitations in sub-section (4) remain applicable.
Section 43 provides a statutory route for execution within CPC territories of qualifying decrees passed by Civil Courts in places where the Code itself does not extend, or by certain courts established or continued by the Central Government outside India, when the decree cannot be executed within the jurisdiction of the court that passed it.
Important: State amendments can alter the operation or wording of CPC provisions in a particular State. Applicable State amendments, High Court rules and local procedural rules should be checked before relying on these provisions in litigation.