LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajan chopra   26 May 2022

Section 39 CPC

sir in execution petition of money decree being fired by us Immovable property of JD has already been attached and court has directed us to file an application under section 39 CPC for transfer of decree to another court under which jurisdiction property of JD lies for sale sir we want to know whether we need to attend that executive court or not as being decree holder ?


Learning

 1 Replies

Dr J C Vashista (Advocate)     27 May 2022

Section 39. of CPC envisages qua  Transfer of decree since it can be executed by the court where the property (ies) of judgment debtor are available / located.

(1) The Court which passed a decree may, on the application of the decreeholder, transfer 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.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More


Post a Suggestion for LCI Team
Post a Legal Query