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
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 no 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 such 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 to 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 Rave 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.
STATE AMENDMENT
UTTAR PRADESH.- In Section 39
for sub-section (3), the following sub-section shall he substituted
namely:_
“(3) For the purposes 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 siut.”-U.P.
Act 31 of 1978, S. 2 w.e.f. 1.8.1978.
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