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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

A decree was passed by a Civil Court established in a part of India to which the Code of Civil Procedure, 1908 does not extend. The decree cannot be executed within the jurisdiction of the court that passed it, but the judgment-debtor owns property in a territory to which the Code extends. What does Section 43 of the Code permit?

Under Section 43, a decree of a civil court in a part of India where the Code does not extend may, if it cannot be executed locally, be executed in the manner the Code provides within the jurisdiction of a court in territories to which the Code extends.

  1. AThe decree may be executed in the manner provided in the Code within the jurisdiction of a court in the territories to which the Code extendsCorrect
  2. BThe decree-holder must file a fresh suit on the same cause of action in the territory where the property lies
  3. CThe decree may be executed only by the Supreme Court of India
  4. DThe decree is wholly unenforceable because the Code does not extend to the place where it was passed

Explanation

Section 43 provides that such a decree, if it cannot be executed within the jurisdiction of the court that passed it, may be executed in the manner provided in the Code within the jurisdiction of any court in the territories to which the Code extends. A fresh suit is therefore not required, and the decree is not unenforceable.

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