SECTION 38, 39, 40 OF CODE OF CIVIL PROCEDURE 1908

Court by which decree may be executed? What is Transfer of decree? What is Transfer of decree to Court in another State? Section 38, 39 and 40 of Code of Civil Procedure 1908

Court by which decree may be executed, Transfer of decree and Transfer of decree to Court in another State are defined under Section 38, 39 and 40 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 38 of Code of Civil Procedure 1908 "Court by which decree may be executed"

A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution.

 

Section 39 of Code of Civil Procedure 1908 "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 [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 with in 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 wiring, that the decree should be executed by such other Court.

(2) The Court which passed the 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.

STATE AMENDMENTS
Uttar Pradesh- Sub-section (3) of section 39 shall be substituted.

"(3) For the purpose of this section, a court shall be deemed to be a court of competent jurisdiction if 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".

[U.P. Act No. 31 of 1978].

 

Section 40 of Code of Civil Procedure 1908 "Transfer of decree to Court in another State"

Where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State
 

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