Section 42: Powers of Court in executing transferred decree

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
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Legal Commentary & Landmark Judgments: Section 42

Section 42 defines the extensive powers of the court in executing a transferred decree, equipping the transferee court with the same powers in executing the decree as if it had been passed by itself.

  • Parity of Execution Powers: 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.
  • Powers of Contempt and Attachment: 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.
  • Specific Ancillary Powers [Sec 42(2)]: Empowered to: (a) send the decree for execution to another court under Section 39, (b) execute against legal representatives under Section 50, and (c) order attachment of a decree.
  • Restrictions [Sec 42(4)]: Cannot: alter or amend the decree, order execution at the instance of a transferee of the decree, or grant leave to execute against a firm.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: The Supreme Court settled that the transferee court under Section 42 possesses all the teeth of the original court to attach, auction, and commit to civil prison, but cannot sit in appeal over or rewrite the decree.
  • Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Affirmed that Section 42 powers ensure seamless recovery across judicial districts.
Courtroom Practice & Strategic Litigation Guidance:

You can apply directly to the transferee executing court under Section 42 to bring the judgment-debtor's legal heirs on record under Section 50 without needing to return to the original trial court.