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

A decree was passed by a Civil Court established in a part of India to which the Code of Civil Procedure does not extend. It cannot be executed within that court's own jurisdiction. What does the Code allow?

Such a decree may be executed under the Code's procedure by any court in territories where the Code extends, provided it cannot be executed within the jurisdiction of the court that passed it. No fresh suit or Central Government re-enactment is required.

  1. AIt may be executed in the manner provided in the Code within the jurisdiction of any court in the territories to which the Code extendsCorrect
  2. BIt becomes void and the decree-holder must file a fresh suit
  3. CIt can be executed only by the court that passed it
  4. DIt can be executed only after the Central Government re-enacts the decree

Explanation

Section 43 allows such a decree, if it cannot be executed within the jurisdiction of the court that passed it, to be executed in the manner provided in the Code within the jurisdiction of any court in the territories to which the Code extends. The other options add requirements the section does not contain.

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