Section 40 of The Code of Civil Procedure, 1908
Transfer of decree to Court in another State.
Where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.
Summary
- This section handles decrees that are sent for execution from one State to another State in India.
- When a decree is transferred this way, it must be executed according to the rules in force in the receiving State.
- The court in the new State follows its own specific procedures for carrying out the judgment.
- This ensures consistency with local laws when enforcing outside judgments.
Practical examples
FAQ
1. If a judgment is moved between states, which state's law applies under The Code of Civil Procedure, 1908?
Under Section 40 of the Act, the decree is executed in such manner as prescribed by the rules in force in the State that received the decree.
2. How does Section 40 of The Code of Civil Procedure, 1908 affect inter-state execution?
It provides the authority to send decrees to courts in other States and mandates that the receiving court use its own local execution rules.
3. Does a decree lose its validity when sent to another state under The Code of Civil Procedure, 1908?
No, Section 40 ensures that the decree remains valid and is executed just like a decree passed within that second state.
Test yourself
1.Under Section 40 of The Code of Civil Procedure, 1908, if a decree is sent to another State, which rules must the receiving court follow?
2.Combine Section 39 and Section 40 of The Code of Civil Procedure, 1908: what is the overall process for collecting money from a debtor in a different state?
3.Does Section 40 of The Code of Civil Procedure, 1908 specify which specific court in the other state the decree should be sent to?
4.Why does Section 40 of The Code of Civil Procedure, 1908 defer to the rules of the receiving state?