CPC 39 — Transfer of decree

Code of Civil Procedure, 1908

Statutory text

(1) The Court which passed a decree may, on the application of the decree-
holder, send it for execution to another Court

[of competent jurisdiction],—

(a)  if  the  person  against  whom  the  decree  is  passed  actually  and  voluntarily  resides  or  carries  on
business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if  such  person  has  not property  within  the  local limits  of  the jurisdiction  of  the  Court  which
passed  the  decree  sufficient  to  satisfy  such  decree  and  has  property  within  the  local  limits  of  the
jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits
of the jurisdiction of the Court which passed it, or
(d) if  the  Court  which  passed  the  decree  considers  for  any  other  reason,  which it  shall record in writing, that the decree should be executed by such other Court.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.

[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at
the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.]

[(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.]

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