COURTS BY WHICH DECREES MAY BE EXECUTEDCentral

Section 43 of The Code of Civil Procedure, 1908

Execution of decrees passed by Civil Courts in places to which this Code does not extend.

1[43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.-- Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the authority of the Central Government outside India, may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.]

Summary

This rule applies to civil court orders from parts of India where this specific law does not usually apply.
It also applies to orders from courts set up by the Indian Central Government in foreign countries.
If these orders cannot be carried out in the area where they were made, they can be enforced in regular Indian courts.
The enforcement follows the same procedures as any other order within the regular court system.

Practical examples

1A person wins a case in a civil court in a special tribal area where the 1908 Code doesn't usually reach. Since the loser has assets in Delhi, the winner uses Section 43 to have the Delhi court enforce the order.

2An Indian government court in a foreign country orders Mr. Das to pay a debt. Mr. Das returns to India without paying. The winner uses Section 43 to enforce that foreign order in a local court in Chennai.

FAQ

1. Can decrees from areas where the code doesn't extend be enforced under Section 43 of The Code of Civil Procedure, 1908?

Yes, Section 43 of the 1908 Code allows decrees passed by Civil Courts in such places to be executed within the regular territories.

2. Does Section 43 of the 1908 CPC apply to courts established by the Central Government outside India?

Yes, Section 43 of the 1908 Act specifically includes courts established or continued by the authority of the Central Government outside India.

3. What is the condition for using Section 43 of the 1908 Code?

Under Section 43 of the 1908 Code, the decree must be one that cannot be executed within the jurisdiction of the court that originally passed it.

Test yourself

1.Under Section 43 of The Code of Civil Procedure, 1908, where can a decree from a court in a non-covered area be executed?

2.To which type of courts does Section 43 of the 1908 Code apply?

3.According to Section 43 of the 1908 Code, when can these decrees be executed in standard territories?

4.How must the execution be carried out under Section 43 of the 1908 Code?

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