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The Code of Civil Procedure, 1908: page 51

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 51, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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              (f) power to order stay of execution under rule 29 of 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 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, the power to order execution at the instance of the transferee of a decree.”

[Vide Uttar Pradesh Act 14 of 1970, s. 2]
    1
     [43. 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.]
     2
     [44. Execution of decrees passed by Revenue Courts in places to which this Code does not
                                                                         e
extend.—The State Government may, by notification in the Official Gazette, declare that the decrees of
                                                                        od
any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of
such decrees, may be executed in the State as if they had been passed by Courts in that State.]
    3
                                                                  aC
     [44A. Execution of decrees passed by Courts in reciprocating territory.—(1) Where a certified
copy of a decree of any of the superior Courts of 4*** any reciprocating territory has been filed in a
                                                           di
District Court, the decree may be executed in 5[India] as if it had been passed by the District Court.
                                                      In
     (2) Together with the certified copy of the decree shall be filed a certificate from such superior Court
stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the
purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or
adjustment.

     (3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the
proceedings of a District Court executing a decree under this section, and the District Court shall refuse
execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any
of the exceptions specified in clauses (a) to (f) of section 13.
    6
     [Explanation 1.—“Reciprocating territory” means any country or territory outside India which the
Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for
the purposes of this section; and “superior Courts”, with reference to any such territory, means such
Courts as may be specified in the said notification.

    Explanation 2.—“Decree” with reference to a superior Court means any decree or judgment of such
Court under which a sum of money is payable, not being a sum payable in respect of taxes or other
charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration
award, even if such an award is enforceable as a decree or judgment.]]




1. Subs. by Act 2 of 1951, s. 8, for s. 43 (w.e.f. 1-4-1951).
2. Subs. by s. 9, ibid., for s. 44 (w.e.f. 1-4-1951).
3. Ins. by Act 8 of 1937, s. 2.
4. The words “the United Kingdom or” omitted by Act 71 of 1952, s. 2.
5. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).
6. Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3.


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