Section 40 of CPC : Section 40: Transfer of decree to Court in another State.
CPC
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Explanation using Example
Example 1:
Rajesh, a businessman in Maharashtra, wins a civil lawsuit against Suresh, who resides in Karnataka. The court in Maharashtra issues a decree ordering Suresh to pay Rajesh a sum of ₹5,00,000. However, since Suresh's assets are located in Karnataka, Rajesh needs to execute the decree in Karnataka. Rajesh's lawyer files an application to transfer the decree from the Maharashtra court to a court in Karnataka. The Karnataka court, upon receiving the decree, will follow the local rules and procedures to enforce the decree and ensure that Suresh pays the amount owed to Rajesh.
Example 2:
Meena, a resident of Tamil Nadu, wins a property dispute case against her cousin, Ravi, who lives in Kerala. The Tamil Nadu court issues a decree granting Meena ownership of a piece of land located in Kerala. To enforce this decree, Meena's lawyer requests the Tamil Nadu court to transfer the decree to a court in Kerala. The Kerala court, upon receiving the decree, will follow the state's rules and procedures to transfer the property title from Ravi to Meena, ensuring that the decree is executed as per the local laws.