Execution of decrees passed by Civil Courts in places to which this Code does not extend
Section 43 of the Code of Civil Procedure, 1908 deals with 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 The Act came into force on 01 Jan 1909.
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.]
Section 43, 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.
Referred to by 1
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.
-
Santosh Uttamrao Jadhav vs Maharashtra State Electricity Distribution Co.Ltd.
Court's Decision & Legal Precedent
Private individuals cannot claim a temporary injunction to stop construction on Government land allotted for public utility unless they clearly establish a prima facie right of way and prove that the construction specifically encroaches upon such a road, distinct from a village boundary.
On this section: Jurisdictional basis for the miscellaneous civil appeal against an interlocutory order.
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 43
What have the courts held on Section 43 of the Code of Civil Procedure?
Santosh Uttamrao Jadhav vs Maharashtra State Electricity Distribution Co.Ltd. (03 Feb 2011) is the leading judgment on this section among those set out below: Jurisdictional basis for the miscellaneous civil appeal against an interlocutory order.
How do I find court cases under Section 43 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 43, section 43 CPC, section 43 of the Code of Civil Procedure. People searching for it also type cpc 43 rule 1 and cpc 43 1. 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 Santosh Uttamrao Jadhav vs Maharashtra State Electricity Distribution Co.Ltd. (03 Feb 2011).
What should I read with Section 43 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 43 of the Code of Civil Procedure come into force?
Section 43 of the Code of Civil Procedure, cited as CPC 43, 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
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 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 14 Oct 2026. This page is not a substitute for legal advice.