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The Code of Civil Procedure, 1908: page 52

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 52, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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

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     1
    [45. Execution of decrees outside India.—So much of the foregoing sections of this Part as
empowers a Court to send a decree for execution to another Court shall be construed as empowering a
Court in any State to send a decree for execution to any Court established 2*** by the authority of the
Central Government 3[outside India] to which the State Government has by notification in the Official
Gazette declared this section to apply.]
    46. Precepts.—(1) Upon the application of the decree-holder the Court which passed the decree may,
whenever it thinks fit, issue a precept to any other Court which would be competent to execute such
decree to attach any property belonging to the judgment-debtor and specified in the precept.
     (2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed
in regard to the attachment of property in execution of a decree:
    Provided that no attachment under a precept shall continue for more than two months unless the
period of attachment is extended by an order of the Court which passed the decree or unless before the
determination of such attachment the decree has been transferred to the Court by which the attachment
has been made and the decree-holder has applied for an order for the sale of such property.
                                     Questions to be determined by Court executing decree
   47. Questions to be determined by the Court executing decree.—(1) All questions arising between
                                                                                e
                                                                          od
the parties to the suit in which the decree was passed, or their representatives, and relating to the
execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree
and not by a separate suit.
     4*
                                                                     aC
                                 *                          *   di                    *                      *
    (3) Where a question arises as to whether any person is or is not the representative of a party, such
                                                         In
question shall, for the purposes of this section, be determined by the Court.
     5[Explanation
                   I.—For the purposes of this section, a plaintiff whose suit has been dismissed and a
defendant against whom a suit has been dismissed are parties to the suit.
    Explanation II.—(a) For the purposes of this section, a purchaser of property at a sale in execution of a
decree shall be deemed to be a party to the suit in which the decree is passed; and
    (b) all questions relating to the delivery of possession of such property to such purchaser or his
representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree
within the meaning of this section.]
                                                 STATE AMENDMENT
Uttar Pradesh
   Amendment of section 47.— In section 47 of the principal Act, Explanation II
inserted by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, shall be omitted.
[Vide Uttar Pradesh Act 57 of 1976, s. 3]
                                                  Limit of time for execution
     48. [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964).




1. Subs. by the A.O. 1937, for s. 45.
2. The words “or continued” omitted by the A.O. 1948.
3. Subs. by the A.O. 1950, for “in any Indian State”.
4. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977).
5. Subs. by s. 20, ibid. for the Explanation (w.e.f. 1-2-1977).


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