CPC, 1908 · Part II · Execution · Transfer
Result of execution proceedings to be certified
A transfer is not a one-way street. Section 41 makes the court that received the decree report back — whether it was executed, or why it could not be.
Part II · Execution · Certifying the result
How to read Section 41
Obliges the transferee court — the one a decree was sent to — to certify the outcome back to the court that passed it.
Either the fact of execution, or — if it failed — the circumstances of that failure.
It closes the loop: the originating court’s record is completed, and the decree-holder knows where things stand.
The bare Act
The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure.
Key terms decoded
To formally report the result of the execution back to the court which passed the decree.
Whether the decree was executed (satisfied) or, if not, the circumstances in which execution failed.
Closing the loop
The court that received the decree must report the result — success or failure — back to the court that passed it.
Section 41, phrase by phrase
Where Section 41 sits
Decree sent
The decree is transferred to another court for execution.
Result certified back
That court reports the outcome — executed, or why not.
Origin court informed
The court which passed it has its record completed.
How Section 41 connects
Section 41 is the report-back step that completes a transfer. The live links open the provisions around it.
- Did the transferee court execute the decree? — certify the fact of execution.
- Did it fail? — certify the circumstances of the failure.
- Either way — the report goes back to the court which passed it.
Ahead in Part II: § 42 (powers of the transferee Court) → · § 43–45 (execution of, and to, certain other courts’ decrees) · § 46 (precepts).