Section 39 CPC: Transfer of decree

Section 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 ¹[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.

¹[(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.]

²[(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 (as printed in the official text)

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]

Footnotes in the official text

1.Ins. by s. 18, ibid. (w.e.f. 1-2-1977).
2.Ins. by Act 22 of 2002, s. 2 (w.e.f. 1-7-2002).

Questions on this section

2 questions in 7 of our papers cite Section 39. Try these from the free papers:

1. Consider the following statements regarding transfer of a decree for execution under Section 39 of the CPC: 1. The Court which passed the decree may, on the decree-holder's application, send it for execution to another Court if the judgment-debtor actually and voluntarily resides or carries on business within that Court's local limits. 2. It may do so if the judgment-debtor has no property within its own local limits sufficient to satisfy the decree but has property within the other Court's local limits. 3. The Court which passed the decree may, of its own motion, send it for execution to any Court of competent jurisdiction, whether or not that Court is subordinate to it. 4. It may send the decree to another Court if the decree directs the sale or delivery of immovable property situate outside its own local limits. Which of the statements given above are correct?