Execution of decrees passed where this Code does not extend

A decree from a court outside the Code’s reach need not die there. If it cannot be executed at home, Section 43 lets it be enforced within Code territory.

§ 43

Part II · Execution · Decrees from outside the Code

How to read Section 43

What it does

Lets certain decrees from courts the Code does not normally govern be executed inside Code territory.

Which decrees

From a civil court in a part of India where the CPC does not extend, or a Central-Government court outside India.

The condition

Only if the decree cannot be executed within the jurisdiction of the court that passed it.

The bare Act

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.

Key terms decoded

Places to which this Code does not extend

Territories where the Code of Civil Procedure is not in force.

Civil Court

A court exercising ordinary civil jurisdiction (as opposed to a revenue court).

Bridging an outside decree into Code territory

If a decree cannot be executed where it was passed, it crosses into Code territory and is executed in the Code’s own manner.

Section 43, phrase by phrase

Source 1Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extendDecrees of civil courts in those parts of India where the CPC itself does not apply.

Source 2or by any Court established or continued by the authority of the Central Government outside IndiaOr decrees of a court set up or kept up by the Central Government outside India.

Conditionif it cannot be executed within the jurisdiction of the Court by which it was passedThe gateway opens only when the decree cannot be enforced where it was passed.

Remedybe executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extendsIt may then be executed — in the Code’s own manner — by a court within Code territory.

Section 43 in the family of “outside-court” decrees

§ 43

Civil courts beyond the Code

Decrees from civil courts in non-Code parts of India, or Central-Govt courts abroad.

§ 44

Revenue courts beyond the Code

The same bridge for Revenue-court decrees in non-Code places.

§ 44A

Foreign (reciprocating) decrees

Execution of decrees of superior courts of reciprocating territories.

Provenance

Substituted · 1951

The present Section 43 was substituted for the original section by the Code of Civil Procedure (Amendment) Act, 1951 (Act 2 of 1951), s. 8 — recasting it to cover decrees of civil courts in parts of India beyond the Code, and of Central-Government courts outside India.

How Section 43 connects

Section 43 brings an “outside-Code” decree into the ordinary execution machinery. The live links open the provisions around it.

§ 40Transfer to another StateA territorial cousin — another State’s rules govern there.

§ 39Transfer of decreeThe ordinary transfer machinery § 43 feeds into.

§ 42Powers of the executing CourtWhat the receiving court may then do.

Applying Section 43 — three checks

Is the decree from a civil court in a non-Code area, or a Central-Govt court outside India?
Can it not be executed where it was passed?
If both — it may be executed, in the Code’s manner, by a court in Code territory.

Ahead in Part II: § 44 (decrees of Revenue Courts in non-Code places) → · § 44A (decrees of superior courts of reciprocating territories) · § 45 (execution in another State’s territory) · § 46 (precepts).

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