Precepts

 

Code of Civil Procedure Section

 

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.

 

Code of Civil Procedure Section

Execution of decrees outside India

 

Code of Civil Procedure Section

 

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.]

Note 1: Subs. by the A.O. 1937, for s. 45.

Note 2: The words “or continued” omitted by the A.O. 1948.

Note 3: Subs. by the A.O. 1950, for “in any Indian State”.

 

 

Code of Civil Procedure Section

Section 44A: Execution of decrees passed by Courts in reciprocating territory

Code of Civil Procedure  Section 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.

Bare Act:

¹[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 ²*** any reciprocating territory has been filed in a District Court, the decree may be executed in ³[India] as if it had been passed by the District Court.

(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.

⁴[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.]]

Note 1: Ins. by Act 8 of 1937, s. 2.

Note 2: The words “the United Kingdom or” omitted by Act 71 of 1952, s. 2.

Note 3: Subs. by Act 2 of 1951, s. 3, for “the States”.

Note 4: Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3.

Code of Civil Procedure  Section 45. Execution of decrees outside India.

More reading:

Section 13. When foreign judgment not conclusive.

Section 47. Questions to be determined by the Court executing decree.

Decree

Section 44: Execution of decrees passed by Revenue Courts in places to which this Code does not extend

Code of Civil Procedure Section 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.

Bare Act: 

¹[44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.—The State Government may, by notification in the Official Gazette, declare that the decrees of 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.]

Note 1: Subs. by Act 2 of 1951, s. 9, for s. 43.

Code of Civil Procedure Section 44A. Execution of decrees passed by Courts in reciprocating territory.

More Reading:

Decree

Section 43: Execution of decrees passed by Civil Courts in places to which this Code does not extend

Code of Civil Procedure Section 42. Powers of Court in executing transferred decree.

Bare Act:

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.]

Note 1: Subs. by Act 2 of 1951, s. 8, for section 43.

Code of Civil Procedure Section 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.

More Reading:

Decree

Powers of Court in executing transferred decree

 

Code of Civil Procedure Section

 

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.

(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.]

Note 1: Section 42 renumbered as sub-section (1) of that section by Act 104 of 1976, s. 19, (w.e.f. 1-2-1977).

Note 2: Ins. by s. 19, ibid., (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

Result of execution proceedings to be certified

 

Code of Civil Procedure Section

 

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.

 

Code of Civil Procedure Section