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

In the central Code, Section 42(4)(b) withholds from a transferee Court a power concerning a decree passed against a firm. Uttar Pradesh substituted Section 42 with effect from 2 December 1968. Which statement correctly compares the two?

The Uttar Pradesh section grants the transferee Court the firm-decree leave power and the power to decide limitation questions, among others, whereas the central section withholds the firm-decree leave power. Only execution at the instance of a decree transferee remains withheld in UP.

  1. AThe UP section lists among the transferee Court's powers the power to grant leave to execute a firm's decree against persons other than those in Order XXI rule 50(1)(b) or (c), and also the power to decide limitation questionsCorrect
  2. BThe UP section withholds the power to decide any question of limitation to the executability of the decree
  3. CThe UP section withholds execution at the instance of the transferee and also all powers relating to firms
  4. DThe UP section is identical to the central section in all respects

Explanation

The central section withholds the firm-decree leave power in 42(4)(b). The UP substitution includes it in sub-section (2)(g) and also adds the power to decide limitation questions in (2)(d), plus recording payment and stay of execution. Only the execution at the instance of a transferee remains withheld in UP.

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