TANAJI JAMDADE (LAWYER) 16 January 2025

Judgment debtor resided out of the jurisdiction

I have one querrt related that if the suit for recovery is decreed and the oppent against whom decree is passed then how the decree holder execute the decree ?

Whether the separete application is needed to transfer the decree or directly file execution application before the court within whose local jurisdiction where the judgment debtor reside?

And whether court sou motu transfer the decree for execution?

Pls guide me

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Quick Summary

This discussion addresses how a decree holder can execute a court decree when the judgment debtor resides outside the original court's jurisdiction. The consensus is that a separate application under Section 39 of the CPC is required to transfer the decree to the court within whose local jurisdiction the judgment debtor resides or where their property is located. The decree holder must obtain a transfer certificate and then file a fresh execution petition in the new jurisdictional court.