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. Read CPC inKEEP READING
Section 42. Powers 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 execution of the decree shall be punishable by such CourtKEEP READING
Section 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 theKEEP READING
Section 44. Execution of decrees passed by Revenue Court 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 notKEEP READING
Section 44A. Execution of decrees passed by Courts in reciprocating territory. (1) Where a certified copy of decree of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by theKEEP READING
Section 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 byKEEP READING
STATE AMENDMENTS Pondicherry: After section 45 insert the following- 45A. Execution of decrees etc. passed or made before the Commencement of the Code in Pondicherry. Any Judgment, decree or order passed or made before the Commencement of this Code by any Civil Court in the Union Territory of Pondicherry shallKEEP READING
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)KEEP READING
Questions to be determined by Court executing decree. Section 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, shallKEEP READING
Limit of time for execution. Section 48. Execution barred in certain cases. Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (with effect from the 1st January, 1964) Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
Transferees and legal representatives. Section 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. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
Section 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,KEEP READING
Procedure in execution. Section 51. Powers of Court to enforce execution. Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree- (a) by delivery of any property specifically decreed; (b) by attachment and sale or byKEEP READING
Section 52. Enforcement of decree against legal representative. (1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and saleKEEP READING
Section 53. Liability of ancestral property. For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu Law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed,KEEP READING
Section 54. Partition of estate or separation of share. Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation ofKEEP READING
