Code
CPC[(1)] 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. All persons is disobeying or
obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed
the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as
if the decree had passed by itself.2[(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court
under that sub-section shall include the following powers of the Court which passed the decree, namely: –(a) power to send the decree for execution to another Court under section 39;(b) power to execute the decree against the legal representative of the deceased judgment-debtor
under section 50;(c) power to order attachment of a decree.(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy
thereof to the Court which passed the decree.(4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for
execution any of the following powers, namely:–(a) power to order execution at the instance of the transferee of the decree ;(b) in the case of a decree passed against a firm, power to grant leave to execute such decree
against any person, other than such a person as is referred to in clause (b),or clause (c), of sub-rule (1)
of rule 50 of Order XXI.]STATE AMENDMENTUttar PradeshSubstitution of new section for section 42 of Act V of 1908.–For section 42 of the Code of Civil Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter referred to as the said Code) the following section shall be substituted and be deemed to have been substituted with affect from December 2, 1968, namely :–“42. Power of court in executing transferred decree. (1) 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. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree, and 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.(2) Without prejudice to the generality of the provisions of sub- section (1), the powers of the Court under that sub-section shall include the following powers of the Court which passed the decree, namely –(a) power to send the decree for execution to another Court under section 39 ;(b) power to execute the decree against the legal representative of the deceased judgment-debtor under section 50 ;(c) power to order attachment of a decree;(d) power to decide any question relating to the bar of limitation to the executability of the decree ;(e) power to record payment or adjustment under rule 2 of Order XXI;(f) power to order stay of execution under rule 29 of Order XXI;(g) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of rule 50 of Order XXI.(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the Court which passed the decree.(4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for execution, the power to order execution at the instance of the transferee of a decree.”[VideUttar Pradesh Act 14 of 1970, s. 2]
Great 👍 this is Section 42 CPC – Powers of Court in Execution.
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Section 42 CPC: Powers of Court in Execution
Code
Section 42 – Code of Civil Procedure, 1908
(1) 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. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And 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.
(2) Without prejudice to the generality of sub-section (1), the powers of the Court shall include:
(a) power to send the decree for execution to another Court under Section 39 CPC
(b) power to execute the decree against the legal representative of a deceased judgment-debtor under Section 50 CPC
(c) power to order attachment of a decree.
(3) A Court exercising powers under sub-section (2) shall send a copy of its order to the Court which passed the decree.
(4) Nothing in this section confers on the transferee Court:
(a) power to order execution at the instance of a transferee of the decree;
(b) in the case of a firm’s decree, power to grant leave to execute such decree against persons other than those specified under Order XXI Rule 50(1)(b) or (c).
📖 Source: Section 42 CPC – Powers of Court in Execution (ApniLaw)
Explanation
Section 42 CPC defines the extent of powers of the executing Court when a decree is transferred under Section 39 CPC.
- The transferee Court has the same authority as the original Court for execution.
- It can punish obstruction, decide disputes in execution, and its orders are appealable as if it had passed the decree itself.
- However, certain restrictions apply – e.g., it cannot permit execution at the instance of a decree transferee.
👉 In Uttar Pradesh, Section 42 CPC has been substituted to expand the powers of the transferee Court, including deciding limitation, recording payment/adjustments, and granting stay of execution.
Illustrations
- Example 1:
A Delhi Court decree is transferred to Jaipur Court. The Jaipur Court can attach property, arrest the judgment debtor, or even send the decree further for execution. - Example 2:
A decree is transferred to Lucknow Court. The debtor dies. Under Section 42(2)(b), Lucknow Court can execute against his legal heirs under Section 50 CPC. - Example 3:
In Uttar Pradesh, if execution is resisted on the ground of limitation, the transferee Court itself (under amended Section 42) can decide the limitation issue.
Common Questions and Answers
1. Does the transferee Court have the same powers as the original Court?
Yes ✅ under Section 42(1), it is treated as if it passed the decree itself.
2. Can the transferee Court transfer the decree further?
Yes ✅ under Section 42(2)(a), it can send the decree to another Court under Section 39 CPC.
3. Can the transferee Court entertain execution by a transferee of decree?
No ❌ Section 42(4) expressly prohibits this.
4. What is the difference in Uttar Pradesh?
The U.P. amendment grants additional powers like:
- deciding limitation,
- recording payment/adjustment (Order XXI Rule 2),
- ordering stay of execution (Order XXI Rule 29),
- granting leave in firm decrees.
5. Are appeals against orders of transferee Court allowed?
Yes ✅ they follow the same rules as appeals against orders of the decree-passing Court.
Conclusion
Section 42 CPC ensures that once a decree is transferred, the executing Court has almost all powers of the original Court to carry out execution effectively.
However, certain limitations preserve the original Court’s exclusive control over execution by transferee decree-holders or firm decrees against third parties.
In Uttar Pradesh, the section is wider in scope, empowering executing Courts to resolve limitation and stay-related issues too.
👉 Read more: Section 42 CPC – Powers of Court in Execution (ApniLaw)
