Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 50

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 50, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

     41. Result of execution proceedings to be certified.—The Court to which a decree is sent for
execution shall certify to the Court which passed it the fact of such execution, or where the former Court
fails to execute the same the circumstances attending such failure.
    42. Powers of Court in executing transferred decree. — 1[(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 is 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 passed by itself.
     2
    [(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.
                                                                                  e
    (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:—                           od
          (a) power to order execution at the instance of the transferee of the decree;
                                                                    aC
         (b) in the case of a decree passed against a firm, power to grant leave to execute such decree
                                                              di
     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. ]
                                                        In
                                                 STATE AMENDMENT
Uttar Pradesh
    Substitution of new section for section 42 of Act V of 1908.— For section 42 of the
Code of Civil Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter
referred to as the said Code) the following section shall be substituted and be deemed
to have been substituted with affect from December 2, 1968, namely :—
          “42. 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 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;
             (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;


1. S. 42 renumbered as sub-section (1) by Act 104 of 1976, s. 19 (w.e.f. 1-2-1977).
2. Ins. by s. 19, ibid. (w.e.f. 1-2-1977).


                                                               50

Compare original page image