Order XXI Rule 5 CPC - Mode of Transfer of Decrees for Execution
Order XXI Rule 5 of the Code of Civil Procedure, 1908 (CPC) governs how a decree is transmitted from the court that passed it to another court for execution. The rule provides for direct transmission, including between courts in different States, and addresses what happens if the receiving court lacks jurisdiction.
Text of Order XXI Rule 5 CPC
Where a decree is to be sent for execution to another Court, the Court which passed such decree shall send the decree directly to such other Court whether or not such other Court is situated in the same State, but the Court to which the decree is sent for execution shall, if it has no jurisdiction to execute the decree, send it to the Court having such jurisdiction.
Source: India Code - Code of Civil Procedure, 1908 (official statutory text, PDF). The present central wording was substituted by the Code of Civil Procedure (Amendment) Act, 1976, effective 1 February 1977.
Meaning and scope of Rule 5
The rule simplifies the transmission of decrees for execution. Once a decree is properly ordered to be sent to another court, the court which passed it sends the execution papers directly to the intended court. A separate routing step through a District Court is not ordinarily required merely because the receiving court is in another district or State.
Rule 5 is a procedural rule about transmission. It does not, by itself, confer territorial, pecuniary or subject-matter jurisdiction on a court that otherwise lacks authority to execute the decree. The receiving court must forward the decree to a court with jurisdiction if it cannot execute it.
Procedure for transferring a decree for execution
- Identify the appropriate executing court. The decree-holder may seek transfer under Section 39 CPC where the statutory conditions are satisfied.
- Obtain the transfer direction. The court that passed the decree determines whether to send it for execution, having regard to jurisdiction and the applicable law.
- Transmit the execution record. Under Order XXI Rule 6, the sending court forwards the decree copy, the certificate showing the extent of satisfaction or non-satisfaction, and the execution order or certificate that no such order exists.
- Receive and process the record. Under Rule 7, the receiving court ordinarily files the documents without requiring further proof, subject to the rule's exception.
- Execute or forward to the competent court. If the receiving court lacks jurisdiction, Rule 5 requires it to send the decree to the court having jurisdiction.
Related CPC provisions
| Provision | Legal effect |
|---|---|
| Section 38 | A decree may be executed by the court that passed it or by a court to which it is sent for execution. |
| Section 39 | Sets out when a decree may be transferred for execution to another court of competent jurisdiction, including specified circumstances relating to the judgment-debtor or property. |
| Section 40 | Addresses decrees sent for execution in another State, subject to applicable rules in that State. |
| Section 41 | Requires the executing court to certify the result of execution, or the circumstances of failure, to the court that passed the decree. |
| Section 42 | Describes powers of a court executing a transferred decree, subject to statutory limitations. |
| Order XXI Rules 6-8 | Cover transmission documents, filing by the receiving court and execution or further transfer. |
Practical example
Suppose a civil court in Delhi passes a money decree, but the judgment-debtor has attachable property in Jaipur. Where the requirements of Section 39 CPC are met, the Delhi court may send the decree directly to a competent executing court in Jaipur. If the receiving court is not competent to execute it, Order XXI Rule 5 requires forwarding it to the court with jurisdiction.
Frequently asked questions
Can a decree be sent directly to a court in another State?
Yes. Order XXI Rule 5 expressly permits direct transmission irrespective of whether the receiving court is in the same State. Section 40 and any applicable execution rules must also be considered.
Does Rule 5 itself authorize transfer to any court?
No. It regulates the mode of sending a decree. The legal basis for transfer and the receiving court's competence must be established under the applicable CPC provisions, particularly Section 39.
What if the receiving court has no jurisdiction?
The receiving court must send the decree to the court having jurisdiction, rather than proceed with execution without authority.
What documents accompany a transferred decree?
Order XXI Rule 6 specifies a copy of the decree, a certificate regarding satisfaction and a copy of any execution order or a certificate that none has been made.
Official legal reference
Read the Code of Civil Procedure, 1908 on India Code for the statutory provisions, including Order XXI Rules 5-8 and Sections 38-42. Local amendments and High Court rules may affect procedure in a particular jurisdiction.
Note: This article explains the general central CPC provisions and is intended for legal information. Court-specific rules and amendments should be checked before filing execution proceedings.