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Section 43: Execution of decrees passed by Civil Courts in places to which this Code does not extend

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 42 All 158 Sections of Code of Civil Procedure Section 44

Legal Commentary & Landmark Judgments: Section 43

Section 43 provides for the execution of decrees passed by civil courts in places to which the CPC does not extend, permitting execution within CPC territories as if passed by domestic courts.

  • Tribal & Non-CPC Territory Decrees: Any decree passed by any civil court established in any part of India to which the provisions of this Code do not extend.
  • Domestic Enforcement: May, if it cannot be executed within the jurisdiction of the court by which it was passed, be executed in manner provided within the territories to which this Code extends.
  • Mutual Reciprocal Execution: Enables decrees from tribal districts or non-notified territories to be executed against assets in mainstream Indian cities.
Key Landmark Precedents:
  • State of Nagaland v. Ratan Singh, AIR 1967 SC 212: The Supreme Court noted that Section 43 creates procedural reciprocity, ensuring that decrees from special autonomous zones can be executed across India.
  • Kiran Singh v. Chaman Paswan, AIR 1954 SC 340: Affirmed that Section 43 bridges procedural borders within the Indian Republic.
Courtroom Practice & Strategic Litigation Guidance:

Decrees obtained from tribal courts in Nagaland or scheduled areas can be transmitted under Section 43 to Delhi or Mumbai for execution against corporate bank accounts.

Section 42 All 158 Sections of Code of Civil Procedure Section 44