Section 19   [ View Judgements ]

Amendment of section 42

Section 42 of the principle Act shall be re-numbered as sub-section (1) of that section, and after sub-section (1) as so re-numbered, the following sub-sections shall be inserted, namely:-

"(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court under that sub-section shall include the following powers of the Court which passed the decree, namely:-

(a)power to send the decree for execution to another Court under section 39;

(b)power to execute the decree against the legal representative of the deceased judgment-debtor under section 50;

(c)power to order attachment of a decree.

(3)A Court passing an order in exercise of the power specified in sub-section (2) shall send a copy thereof to the Court which passed the decree.

(4)Nothing in this section shall be deemed to confer on the Court to which a decree is sent for execution any of the following powers, namely:-

(a)power to order execution at the instance of the transferee of the decree;

(b)in the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of the rule 50 of Order XXI.".

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