Powers of Court in executing transferred decree
Section 42 of the Code of Civil Procedure, 1908 deals with powers of Court in executing transferred decree. ] 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. The Act came into force on 01 Jan 1909.
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.]
STATE AMENDMENT
Uttar Pradesh
Substitution of new section for section 42 of Act V of 1908.--For section 42 of the Code of Civil Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter referred to as the said Code) the following section shall be substituted and be deemed to have been substituted with affect from December 2, 1968, namely :--
"42. Power 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 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 been passed by itself.
(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;
(d) power to decide any question relating to the bar of limitation to the executability of the decree ;
(e) power to record payment or adjustment under rule 2 of Order XXI;
(f) power to order stay of execution under rule 29 of Order XXI;
(g) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of rule 50 of Order XXI.
(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, the power to order execution at the instance of the transferee of a decree."
[Vide Uttar Pradesh Act 14 of 1970, s. 2]
Section 42, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bharat Bhushan Bhargava vs Mohit Bhargava
Court's Decision & Legal Precedent
When a decree holder seeks to execute a decree against immovable property lying outside the territorial jurisdiction of the executing court, the executing court is mandatorily bound (not discretionary) to transfer the decree to the court within whose local limits the property is situated, unless the property constitutes an estate or tenure that falls within the jurisdiction of multiple courts under Order XXI Rule 3 of the Code of Civil Procedure. This mandate arises from Section 39(4) of the Code as amended by Amendment Act 22 of 2002 (effective 1.7.2002), which withdrew the earlier discretionary power and imposed a duty on executing courts to desist from proceeding against property outside their jurisdiction. However, interim restraint orders (such as Mareva injunctions or freezing orders) can be validly passed and maintained by a court even if the property is outside its jurisdiction, as these are orders of restraint and not orders of final execution, and do not attract the jurisdictional limitation of Section 39(4).
On this section: Transferee court has same powers in executing transferred decree as if passed by itself; ensures transferee court's authority to complete execution.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 42
What have the courts held on Section 42 of the Code of Civil Procedure?
Bharat Bhushan Bhargava vs Mohit Bhargava (20 Apr 2007) is the leading judgment on this section among those set out below: Transferee court has same powers in executing transferred decree as if passed by itself; ensures transferee court's authority to complete execution.
How do I find court cases under Section 42 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 42, section 42 CPC, section 42 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bharat Bhushan Bhargava vs Mohit Bhargava (20 Apr 2007).
What should I read with Section 42 of the Code of Civil Procedure, and has it changed?
Its own text turns on section 39 (Transfer of decree), section 50 (Legal representative), so none of them can safely be read on its own.
When did Section 42 of the Code of Civil Procedure come into force?
Section 42 of the Code of Civil Procedure, cited as CPC 42, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 92. Public charities610 words
- 35. Costs577 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.