COURTS BY WHICH DECREES MAY BE EXECUTEDCentral

Section 39 of The 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],
1. (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
2. (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
3. (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
4. (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.]

Summary

A court that passed a decree can send it to another court for execution if the decree-holder asks.
Transfer is allowed if the debtor lives, works, or has property in the other court's area.
Transfer is also allowed if the decree involves selling or delivering property located in the other area.
A court can also transfer a decree of its own motion to a subordinate court.
A court may transfer a decree for "any other reason" it records in writing.
Nothing in this section allows a court to execute a decree against property or persons outside its own local limits.

Practical examples

1Kavita wins a case against Vikram in Delhi for Rs. 50,000. Vikram has no money in Delhi but owns a house in Agra. Kavita applies to the Delhi court under Section 39 to transfer the decree to Agra so the house can be attached.

2A court in Bhopal orders that a specific car be returned to a plaintiff. The car is currently being held at a warehouse in Indore. The Bhopal court uses Section 39 to send the decree to Indore to ensure the car is delivered properly.

FAQ

1. Can I transfer a judgment to a different city under The Code of Civil Procedure, 1908?

Yes, Section 39 of the Act allows the court that passed the decree to send it to another court if the debtor resides or has property there.

2. Does the court need my permission to transfer a decree under Section 39 of The Code of Civil Procedure, 1908?

Not always. Section 39(2) allows the court to send a decree for execution to a subordinate court of its own motion.

3. What is a "Court of competent jurisdiction" in the context of Section 39 of The Code of Civil Procedure, 1908?

In states like Uttar Pradesh, Section 39 is amended to clarify that it means a court where the value of the suit does not exceed that court's ordinary money limits.

Test yourself

1.Under Section 39 of The Code of Civil Procedure, 1908, on whose application can a decree be transferred?

2.Which of these is a valid reason for transfer under Section 39 of The Code of Civil Procedure, 1908?

3.What does Section 39(4) of The Code of Civil Procedure, 1908 clarify about a court's powers?

4.According to Section 39(1)(d) of The Code of Civil Procedure, 1908, what must the court do if it transfers a decree for a "special" reason?

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