Law: Civil Procedure Code (V of 1908)

Section: 37,38,39(1)(a)(b)(c)(d)

Law: Civil Procedure Code (V of 1908)

Section: 37,38,39(1)(a)(b)(c)(d)

Civil Procedure Code (V of 1908)-------Ss. 37 & 38 & 39---Execution of decree---Transfer of decree---Scope---Decree could be executed either by the court which passed it, or by the court to which it was sent for execution---Court could transfer the decree for execution to another court on the ground that if the person against whom the decree was passed actually and voluntarily resided or carried on business, or personally worked for gain with the local limits of the jurisdiction of such other court; that if such other person had no property within the local limits of the jurisdiction of the court which passed the decree sufficient to satisfy such decree; and had property within the local limits of the jurisdiction of such other court; that if the decree directed the sale or delivery of immovable property situated outside the local limits of the jurisdiction of the court which passed it; and that if the court which passed the decree considered for any other reason, which it would record in writing that the decree should be executed by such other court---Decree could be transferred under subsection (1) of S.39, C.P.C., on application of decree-holder in said four eventualities---Two conditions appearing necessary for sending a decree for execution to another court, firstly, was that it would be a court subordinate to the court which passed the decree; and secondly that it would be a court of competent jurisdiction---Jurisdiction could be territorial and pecuniary---Competent jurisdiction could be that the court had power to try the suit and jurisdiction to execute the decree---Power under subsection (2) of S.39, C.P.C., to send the decree for execution to subordinate court of competent jurisdiction could be exercised without meeting the requirements of sub-clauses (a) to (d) of subsection (1) of S.39, C.P.C.---If the amount of decree would exceed the pecuniary jurisdiction of executing court, such court was not a court of competent jurisdiction---Decree could only be executed by a court competent to try the original suit and execute a decree---If the decretal amount was such beyond the jurisdiction of the court to which the decree was transferred, then…

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