CPC 1908 § 42 — Powers of Court in executing transferred decree

Statutory text (English)

(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.]

Source and verification

Source citation: CPC (Act V of 1908) s.42: Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (Act No. V of 1908; portal status 'Under Review'; reflects amendments through the CPC (Amendment) Act, 2023 incl. inserted s.159), p. 25, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 25) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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