Section 39 of CPC : Section 39: Transfer of decree.

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.

Example 3:

Scenario: Anil wins a lawsuit in the Chennai District Court, and the court issues a decree ordering the defendant, Sunil, to pay ₹5 lakhs. Sunil has no property in Chennai but owns a house in Coimbatore.

Application of Section 39: Anil can apply to the Chennai District Court to transfer the decree to a competent court in Coimbatore for execution. This is because Sunil has no property in Chennai to satisfy the decree, but he has property in Coimbatore.

Example 4:

Scenario: Priya wins a lawsuit in the Kolkata High Court, and the court issues a decree ordering the defendant, Arjun, to deliver a specific piece of machinery located in Hyderabad.

Application of Section 39: Priya can request the Kolkata High Court to transfer the decree to a competent court in Hyderabad for execution. This is because the machinery to be delivered is situated outside the jurisdiction of the Kolkata court, and the Hyderabad court has jurisdiction over the property.

Example 5:

Scenario: The Madurai District Court issues a decree in favor of Ramesh, ordering the defendant, Vinod, to pay ₹2 lakhs. Vinod has no property in Madurai but has a bank account with sufficient funds in Trichy.

Application of Section 39: Ramesh can apply to the Madurai District Court to transfer the decree to a competent court in Trichy for execution. This is because Vinod has no property in Madurai to satisfy the decree, but he has sufficient funds in a bank account in Trichy.