CPC 42 — Powers of Court in executing transferred decree

Code of Civil Procedure, 1908

Statutory text

[(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) 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. ]

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