CPC Section 39 — Transfer of decree
Civil
Summary
The court that issued a decree can send it to another court for execution if the person who has to obey the decree lives, works, or runs a business in that other court’s area, or if that person does not have enough property in the first court’s area but does have property in the other court’s area, or if the decree involves selling or handing over land that is located outside the first court’s area, or if the first court decides for any other reason—which it must write down—that the other court should handle the execution. The court that issued the decree can also send it on its own to any lower court that has the authority to handle it. A court is considered to have the proper authority to receive the decree if, at the time the request to transfer is made, it would have had the power to hear the original lawsuit. This section does not allow the court that issued the decree to enforce it against any person or property that is outside its own local area.
Official Text
(1) The Court which passed a decree may, on the application of the decreeholder, 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.