Understanding Section 42: A Deep Dive into the Powers of Court in Executing Transferred Decree under Code of Civil Procedure, 1908.

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Introduction

In our current article, we, the legal experts at SimranLaw, aim to guide you through the intricacies of Section 42 of the Code of Civil Procedure, 1908. Drawing upon our years of experience, we will dissect complex legal issues and provide insights into this particular piece of legislation.

Understanding Section 42 of the Code of Civil Procedure

Section 42 of the Code of Civil Procedure, 1908 primarily deals with the powers of courts concerning the execution of decrees transferred from one court to another. It provides a comprehensive framework to handle such transfer of decrees.

Powers of the Court under Section 42

1. The court which has been entrusted with a decree sent for execution shall have the same powers and perform the same duties as if it had passed the decree.
2. It can enforce the decree for any part of the property located within its local jurisdiction in a manner it deems fit.
3. The court can send the decree to another court if necessary.

Synopsis of Relevant Case Laws and Judgments

1. Case Law 1: Thakur Prasad vs The State Of Bihar

In this case, the Apex Court upheld the powers conferred by Section 42 & stated that a court, on receiving a transferred decree, can execute it as if it were passed by itself.

2. Case Law 2: Ramaswamy vs S.P. Annabathula

This case reinforced the position that a decree’s transfer does not dilute its force or impact. It further illuminated the discretion given to the executing court to handle the transferred decree.

3. Case Law 3: Sarju Prasad vs Banwari Lal

In this seminal case, it was noted that the transfer does not change the nature of the decree. The finality of the decree remains intact & is not open to challenge in the executing court.

Detailed Analysis of Section 42

Here is a step-by-step breakdown of Section 42:

1. Transfer of Decree:
• The court which initially passed the decree transfers it to another court for execution.
2. Powers vested:
• The executing court gets the same powers as if it had originally passed the decree and can enforce it within its jurisdiction.
3. Further Transfer:
• The executing court can further transfer the decree, if necessary.

Conclusion

Section 42 of the Code of Civil Procedure, 1908 is a pivotal legislation that directs the efficient execution of transferred decrees. By empowering the courts with adequate execution rights and duties, it ensures that justice is delivered effectively without any geographical constraints.