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Bare acts > Code of Civil Procedure, 1908 > Section 39
 
   


 

39. Transfer of decree.- (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 no 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 such 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 to 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 Rave 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.

STATE AMENDMENT

UTTAR PRADESH.- In Section 39 for sub-section (3), the following sub-section shall he substituted namely:_

“(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if the amount or value of the subject-matter of the suit wherein the decree was passed does not exceed the pecuniary limits, if any, of its ordinary jurisdiction at the time of making the application for the transfer of decree to it, notwithstanding that it had otherwise no jurisdiction to try the siut.”-U.P. Act 31 of 1978, S. 2 w.e.f. 1.8.1978.

 

 

 

 

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