Section 39 of CPC : Section 39: Transfer of decree.
CPC
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Explanation using Example
Example 1:
Scenario: Rajesh wins a lawsuit against Suresh in the Delhi High Court, and the court issues a decree ordering Suresh to pay Rajesh ₹10 lakhs. However, Suresh has moved to Mumbai and has no property in Delhi.
Application of Section 39: Rajesh can apply to the Delhi High Court to transfer the decree to a competent court in Mumbai for execution. This is because Suresh now resides and works in Mumbai, and the Mumbai court has jurisdiction over him.
Example 2:
Scenario: Meena wins a lawsuit in the Bangalore City Civil Court, and the court issues a decree ordering the sale of a piece of land owned by the defendant, Ravi, located in Mysore.
Application of Section 39: Meena can request the Bangalore City Civil Court to transfer the decree to a competent court in Mysore for execution. This is because the land to be sold is situated outside the jurisdiction of the Bangalore court, and the Mysore court has jurisdiction over the property.
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