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 decreeholder, 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.]
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).
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
What is Interest? What is Costs? What is Compensatory costs in respect of false or vexatious claims or defenses? What is Costs for causing delay? Section 34, 35, 35A and 35B of Code of Civil Procedure 1908