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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A decree is sent to another Court for execution. Under Section 42 as it stands in the central Code (sub-section (4)), which power is NOT conferred on the transferee Court?

The executing Court does not get power to order execution at the instance of the transferee of the decree. Section 42(4) withholds it, whereas sub-section (2) gives powers such as sending the decree under section 39, executing against legal representatives, and attaching a decree.

  1. APower to order execution at the instance of the transferee of the decreeCorrect
  2. BPower to order attachment of a decree
  3. CPower to execute the decree against the legal representative of the deceased judgment-debtor under section 50
  4. DPower to send the decree for execution to another Court under section 39

Explanation

Section 42(2) includes sending the decree onward under section 39, executing against legal representatives under section 50, and ordering attachment of a decree. Section 42(4)(a) expressly withholds the power to order execution at the instance of a transferee of the decree.

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