CPC · Code of Civil Procedure, 1908

Section 39 CPC

Transfer of decree

Procedure & effect

(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.]

FAQ — Section 39 CPC

Section 39 of the Code of Civil Procedure, 1908 (CPC) deals with “Transfer of decree”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

(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

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.