TRANSFEREES AND LEGAL REPRESENTATIVES

 

Code of Civil Procedure Section

 

TRANSFEREES AND LEGAL REPRESENTATIVES

49. Transferee.—Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-holder.

50. Legal representative.—(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal

representative of the deceased.

(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.

 

Code of Civil Procedure Section

Questions to be determined by the Court executing decree

 

Code of Civil Procedure Section

 

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE

47. Questions to be determined by the Court executing decree.—(1) All questions arising between 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.

¹* * * * *

(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.

²[Explanation 1.—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.]

Note 1: Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977).

Note 2: Subs. by s. 20, ibid, for the Explanation (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

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