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Section 41: Result of execution proceedings to be certified

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 40 All 158 Sections of Code of Civil Procedure Section 42

Legal Commentary & Landmark Judgments: Section 41

Section 41 mandates that the court to which a decree is sent for execution shall certify to the court which passed it the fact of such execution, or the circumstances attending failure.

  • Mandatory Certification: The court to which a decree is sent for execution shall certify to the court which passed it the fact of such execution.
  • Certificate of Failure / Return: Where the transferee court fails to execute the decree, it shall certify the circumstances attending such failure.
  • Restoration of Jurisdiction: Once the certificate under Section 41 is transmitted, the executing court becomes functus officio and original jurisdiction returns to the trial court.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: The Supreme Court explained that the transmission of a certificate under Section 41 concludes the transferee court's execution mandate and keeps the trial court informed of satisfaction status.
  • Merla Ramanna v. Nallaparaju, AIR 1956 SC 87: Affirmed that until a Section 41 certificate is returned, the transferee court retains execution competence.
Courtroom Practice & Strategic Litigation Guidance:

If an executing court in another district recovers partial payment, ensure it transmits an interim execution certificate under Section 41 to preserve your limitation rights before the parent trial court.

Section 40 All 158 Sections of Code of Civil Procedure Section 42