Section 45 in The Code of Civil Procedure
Title: Execution of decrees outside India
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.]
1. Subs. by the A.O. 1937, for s. 45.
2. The words "or continued" omitted by the A.O. 1948.
3. Subs. by the A.O. 1950, for "in any Indian State".
(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
Title: 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.]
1. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977).
2. Subs. by s. 20, ibid, for the Explanation (w.e.f. 1-2-1977).
[Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f.1-1- 1964)
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.