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 2[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
[
(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
[
(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
Amendment of section 39 of Act no. 5 of 1908.— In section 39 of the Code of Civil
Procedure, 1908, hereinafter referred to as the said Code, for sub-section
(3), the
following sub- section shall be substituted, namely :—
“
(3) For the purposes of this section, a Court shall be deemed to be a Court of
competent jurisdiction of 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 suit.”
[Vide Uttar Pradesh Act 31 of 1978, s. 2]
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