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Order XXI Rule 7 CPC - Court Receiving Copies of Decree to File Them Without Proof

Order XXI Rule 7 of the Code of Civil Procedure, 1908 explains how a court receiving a decree transferred for execution must deal with the accompanying copies and certificates. Ordinarily, the receiving court files those documents without demanding separate proof. A limited exception applies where the judge records special reasons for requiring proof.

Text of Order XXI Rule 7 CPC

The Court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded under the hand of the Judge, requires such proof.

Meaning and legal effect of Rule 7

The rule applies when a decree has been sent by one court to another court for execution. The receiving court must place the transmitted copies and certificates on its record. The normal position is that these papers do not need to be proved afresh merely because they came from another court.

However, Rule 7 does not remove the receiving court's power to examine the papers where there is a particular reason for concern. If additional proof is necessary, the judge must record the special reasons in writing. The exception should not be treated as an automatic requirement in every transferred execution case.

Documents normally transmitted under Order XXI Rule 6

Rule 7 operates together with Order XXI Rule 6 CPC. The court sending the decree is required to forward:

  1. A copy of the decree.
  2. A certificate stating whether the decree has been satisfied through execution in the sending court's jurisdiction and, where partly satisfied, the amount or portion still outstanding.
  3. A copy of any execution order already made, or a certificate confirming that no such order has been made.

How the receiving court proceeds

  1. Receipt: The transferee court receives the decree documents from the transferring court.
  2. Filing: Under Rule 7, the copies and certificates are filed without separate formal proof in the ordinary course.
  3. Exceptional verification: If special reasons exist, the judge may require proof after recording those reasons.
  4. Execution: Subsequent steps are governed by Order XXI Rule 8 CPC and the other applicable execution provisions.

Section 38 CPC: A decree may be executed by the court which passed it or by the court to which it is sent for execution.

Section 39 CPC: Governs transfer of decrees for execution, subject to its statutory conditions and limitations.

Section 42 CPC: Addresses the powers of a court executing a decree sent to it, subject to the provisions of the Code.

Order XXI Rule 5: Provides for the mode of sending a decree to another court for execution. Read Rule 5.

Order XXI Rule 6: Specifies the documents to accompany a transferred decree. Read Rule 6.

Order XXI Rule 8: Concerns execution by the court to which the decree or order is sent. Read Rule 8.

Illustration

Suppose a civil court transfers a money decree to a competent court in another district for execution. The receiving court obtains the decree copy and the certificates required under Rule 6. Rule 7 permits the court to file them without calling for fresh proof of the decree. If the judge identifies a specific irregularity that warrants verification, additional proof may be directed after the special reasons are recorded.

Frequently asked questions

Must a transferred decree be proved again before the receiving court?

Ordinarily, no. Order XXI Rule 7 expressly dispenses with further proof of the transmitted decree, execution order, or their copies, unless the judge records special reasons for requiring it.

Can the transferee court demand verification?

Yes. The court may require proof for special reasons, but those reasons must be recorded under the hand of the judge.

Does filing the decree mean execution is automatically complete?

No. Filing is a procedural step. Actual execution remains subject to the court's jurisdiction, the Code's execution rules, and any applicable objections or orders.

Official legal source

For the Code of Civil Procedure, 1908 and statutory amendments, consult the Government of India's India Code portal. Applicable High Court rules and state amendments should also be checked for the relevant jurisdiction.

Legal note: This article explains the central CPC provision for general information. Local amendments, court rules, and the facts of an individual execution proceeding may affect its application.