CPC, 1908 · Part II · Execution · Transfer
Transfer of decree to a Court in another State
When a decree must be enforced across a State line, Section 40 hands the wheel to the other State’s own rules — they fix both the court and the manner.
Part II · Execution · Inter-State transfer
How to read Section 40
Governs the special case where a decree is sent for execution to a court in another State — not merely another district.
Both the receiving court and the manner of execution are fixed by the rules in force in that other State.
States may run different execution machinery; for an inter-State transfer the Code defers to the destination State’s rules.
The bare Act
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.
Key terms decoded
A State other than the one in which the decree was passed.
A court in the receiving State that is competent to execute the decree, fixed by that State’s own law as to court and manner.
Across the State line
The decree crosses into another State — and from there, that State’s own rules decide which court takes it and how it is executed.
Section 40, phrase by phrase
Where Section 40 sits
Transfer, generally
Lets the court that passed a decree send it to another competent court.
If that court is in another State
The destination State’s own rules fix the court and the manner.
The transferee court’s powers
Once received, that court executes with the same powers as if it had passed the decree.
How Section 40 connects
Section 40 is the inter-State special case of the transfer machinery. The live links open the provisions around it.
- Is execution sought in another State (not just another district)?
- If yes — which court, and in what manner? Look to the rules in force in that State.
Ahead in Part II: § 41 (result of execution proceedings to be certified) → · § 42 (powers of the transferee Court) · § 43–46 (decrees of, and to, other courts).