Code of Civil Procedure, 1908 — Section 42: Powers of Court in executing transferred decree

1[42. Powers of Court in executing transferred decree. __ (1)] The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself. 2 [(2) Without prejudice to the generality of the foregoing provision, the Court executing a decree sent to it shall have the following powers, namely:

(a)power under section 39 to transfer the decree to another Court, if necessary;

(b)Power under sub-section (1) of section 50 to permit execution to proceed against the legal representatives, of a deceased judgment debtor ;

(c)power under section 152 to correct clerical or arithmetical errors ;

(d)power under rule 16 of Order XXI to recognise the assignment of a decree ;

(e)power under sub rule (2) of rule 50 of Order XXI to grant leave to a decree holder to proceed against a person not already recognised as a partner in a firm in an execution proceeding against the firm ;

(f)power under clause (b) of sub-rule (1) of rule 53 of Order XXI to give notice of attachment of decree passed by another Court.] 43. Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory. Any decree passed by a Civil Court established in any 3[area in Pakistan] to which the provisions relating to execution do not extend, 4[* * *] may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in manner herein provided within the jurisdiction of any Court in 5[Pakistan]. 644. [Omitted] 1[44A. Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory.__ (1) Where a certified copy of a decree of any of the superior Courts of the United Kingdom or any reciprocating territory has been filed in a District Court, the decree may be executed in 2[Pakistan] as if it had been passed by the District Court.

(2)Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.

(3)The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13. Explanation 1.__ “Superior Courts”, with reference to the United Kingdom, means the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland the Court of Chancery of the Country Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham. Explanation 2.__ “Reciprocating territory” means 3[the United Kingdom and such other country or territory as] the 4[Federal Government] may, from time to time, by notification in the 5[official Gazette], declare6 to be reciprocating territory for the purposes of this section; and "superior Courts", with reference to any such territory, means such Courts as may be specified in the said notification. Explanation 3.__ “Decree”, with reference to a superior Court, means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, and

(a)with reference to superior Courts in the United Kingdom, includes Judgments given and decrees made in any Court in appeals against such decrees or Judgments, but

(b)in no case includes an arbitration award, even if such award is enforceable as a decree or Judgment.] 45. 1[Omitted]