Code
CPC1[43]. Execution of decrees passed by Civil Courts in places to which this Code does not extend.– Any
decree passed by any Civil Court established in any part of India to which the provisions of this Code do not
extend, or by any Court established or continued by the authority of the Central Government outside India,
may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the
manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.]
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Section 43 CPC: Execution of Decrees Passed by Civil Courts in Places Where CPC Does Not Extend
Code
Section 43 – Code of Civil Procedure, 1908
Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the authority of the Central Government outside India, may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.
Explanation
Section 43 CPC deals with the execution of decrees from Courts located in territories where CPC is not applicable or from Courts established outside India by the Central Government.
- If such a decree cannot be executed within the jurisdiction of the Court that passed it, it may be executed through Courts in India where the CPC applies.
- This provision ensures uniformity in execution and gives decrees passed outside CPC jurisdictions legal enforceability within India.
- Common examples:
- Decrees passed by Courts in areas governed by special laws (before CPC was extended there).
- Decrees passed by Courts outside India (under Central Government authority).
Thus, Section 43 bridges the jurisdictional gap and allows recognition and execution of decrees from special/foreign Courts within CPC territory.
Illustrations
- Example 1:
A decree is passed by a Civil Court in a tribal area (where CPC does not apply). If the judgment-debtor owns property in Delhi, the decree can be executed in Delhi under Section 43 CPC. - Example 2:
A Central Government established Court in Singapore passes a decree. If the judgment-debtor owns immovable property in Mumbai, the decree can be executed in Mumbai Court.
Common Questions and Answers
1. What is the purpose of Section 43 CPC?
It ensures that decrees passed by Courts outside CPC jurisdictions or outside India (under Central Government authority) can be enforced in Indian Courts where CPC applies.
2. Does Section 43 CPC apply to foreign decrees generally?
No ❌. For ordinary foreign decrees, Section 44A CPC applies. Section 43 is limited to Courts in non-CPC territories or Central Government-established Courts abroad.
3. Can a decree under Section 43 CPC be executed directly in India?
Yes ✅, provided it cannot be executed within the jurisdiction of the Court that passed it.
4. How is it different from Section 39 CPC (Transfer of Decrees)?
- Section 39 CPC: Transfer of decrees between CPC Courts in India.
- Section 43 CPC: Execution of decrees from Courts where CPC doesn’t extend, or outside India (under Central Govt).
Conclusion
Section 43 CPC ensures that decrees passed outside CPC’s territorial applicability or by Central Government-established Courts abroad can still be enforced in India.
It extends the reach of justice across jurisdictions, allowing decree-holders to enforce rights against judgment-debtors who may own property in India.
👉 Read more: Section 43 CPC – Execution of Decrees Passed by Civil Courts in Places Where CPC Does Not Extend (ApniLaw).
