Skip to content

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. It cannot be executed within that court's jurisdiction, but the judgment debtor, Ramesh Iyer, holds property in Chennai, where the Code extends. What is the legal position?

Under Section 43, a decree of a Civil Court in a part of India where the Code does not extend, if not executable within its own jurisdiction, may be executed in the manner provided by the Code within the jurisdiction of any court in territories where the Code extends.

  1. AThe decree may be executed within the jurisdiction of a court in the territories to which the Code extends, in the manner provided in the CodeCorrect
  2. BThe decree is wholly unenforceable in Chennai because the Code does not extend to the passing court
  3. CThe decree can be executed only by the High Court exercising original jurisdiction
  4. DThe decree can be executed only after a fresh suit is filed on it in Chennai

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 where the Code extends. No fresh suit or High Court-only route is prescribed.

Did you get it right without looking?

One question tells you little. A timed set on Judicial and Administrative Framework shows your real accuracy, how long you take and where you lose marks.

Practise Judicial and Administrative FrameworkFree diagnostic mock

More Judicial and Administrative Framework questions