Home  /  Code of Civil Procedure  /  Section 40

Section 40: Transfer of decree to Court in another State

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 39 All 158 Sections of Code of Civil Procedure Section 41

Legal Commentary & Landmark Judgments: Section 40

Section 40 regulates the transfer of decrees to courts in another State, directing that the decree be sent to such court in the other State and executed in such manner as may be prescribed by rules in force in that State.

  • Inter-State Transfer: Where a decree is sent for execution in another State, it shall be sent to such court and executed in such manner as may be prescribed by rules in force in that State.
  • Transmission via District Court: Sent by the trial court to the District Court in the target State, which allocates it to the competent subordinate civil court.
  • Lex Fori Execution Standard: Procedural execution rules of the transferee State govern the auction and attachment process.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: The Supreme Court highlighted that inter-state execution under Section 40 ensures pan-Indian enforceability of civil decrees while respecting state High Court procedural rules.
  • State of Haryana v. Narvir Singh, (2014) 1 SCC 105: Affirmed that Section 40 provides the statutory channel for cross-border recovery across Indian states.
Courtroom Practice & Strategic Litigation Guidance:

When transferring a decree to another State, obtain a Non-Satisfaction Certificate and certified copy of the decree from the trial court addressed to the District Judge of the recipient district under Section 40.

Section 39 All 158 Sections of Code of Civil Procedure Section 41