Section 41 in The Code of Civil Procedure
Title: 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.
Title: 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.]
1. S. 42 renumbered as sub-section (1) of that section by Act 104 of 1976, s. 19, (w.e.f. 1-2-1977).
2. Ins. by s. 19, ibid., (w.e.f. 1-2-1977).
Title: Execution of decrees passed by Civil Courts in places to which this Code does not extend
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.]
1. Subs. by Act 2 of 1951, s. 8, for section 43.
Title: Execution of decrees passed by Revenue Courts in places to which this Code does not extend
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.]
1. Subs. by s. 9, ibid., for section 44 (w.e.f. 1-4-1951).
Title: Execution of decrees passed by Courts in reciprocating territory
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.]]
1. Ins. by Act 8 of 1937, s. 2.
2. The words "the United Kingdom or" omitted by Act 71 of 1952, s. 2.
3. Subs. by Act 2 of 1951, s. 3, for "the States" (w.e.f. 1-4-1951).
4. Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3