What are the powers of the transferee Court in executing transferred decrees?

Question: What are the powers of the transferee Court in executing transferred decrees?

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Answer

The powers of the transferee court executing the transferred decree have been enumerated in Section 42 of the Code.

According to Section 42(1), The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons who are disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had passed by itself.

The power of the Court executing the decree shall include the following powers of the Court which passed the decree, namely

1. Power to send the decree for execution to another Court under section
2. Power to execute the decree against the legal representative of the deceased judgment-debtor under Section 50;
3. Power to order attachment of a decree.

(1) The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons who are disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had passed by itself.

(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court under that sub-section shall include the following powers of the Court which passed the decree, namely:

(a) power to send the decree for execution to another Court under section 39;

(b) power to execute the decree against the legal representative of the deceased judgment-debtor under section 50;

(c) power to order attachment of a decree.

The court executing a transferred decree has the same powers as if the decree had been passed by itself. (Bhagmal v. Purshottam)

However, this section does not imply on the Court to which a decree is sent for execution any of the following powers, namely

(a) power to order execution at the instance of the transferee of the decree ;

(b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.

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