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Section 42 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

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 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[(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 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 Courts 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.]

 

STATE AMENDMENT

 

Uttar Pradesh-Section 42 shall be substituted by following.

“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 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 thereof to the court which passed the decree.

 

(4) Noth
ing 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.”

 

[Vide U.P. Act No. 14 of 1970, sec. 2 (w.e.f. 8-4-1970)].

 

1. Section 42 renumbered as sub-section (1) thereof by Act No. 104 of 1976, sec. 19 (w.e.f. 1-2-1977)

2. Ins. by Act No. 104 of 1976, sec. 19 (w.e.f. 1-2-1977).

 

 

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Civil Procedure Code 1908

 

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