Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 49

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 49, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

         (b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the
     Court which, if the suit wherein the decree was passed was instituted at the time of making the
     application for the execution of the decree, would have jurisdiction to try such suit.
     1
     [Explanation.—The Court of first instance does not cease to have jurisdiction to execute a decree
merely on the ground that after the institution of the suit wherein the decree was passed or after the passing
of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other
Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the
time of making the application for execution of the decree it would have jurisdiction to try the said suit.]

                                             Courts by which decrees may be executed
    38. Court by which decree may be executed.—A decree may be executed either by the Court which
passed it, or by the Court to which it is sent for execution.
    39. Transfer of decree.—(1) The Court which passed a decree may, on the application of the
decree-holder, send it for execution to another Court 2[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
                                                                                e
     passed the decree sufficient to satisfy such decree and has property within the local limits of the
     jurisdiction of such other Court, or                                od
          (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           aC
                                                             di
         (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.
                                                        In
   (2) The Court which passed a decree may of its own motion send it for execution to any subordinate
Court of competent jurisdiction.
     2
      [(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.]
     3
    [(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.]
                                                  STATE AMENDMENT
Uttar Pradesh
    Amendment of section 39 of Act no. 5 of 1908.— In section 39 of the Code of Civil
Procedure, 1908, hereinafter referred to as the said Code, for sub-section (3), the
following sub- section shall be substituted, namely :—
        “(3) For the purposes of this section, a Court shall be deemed to be a Court of
    competent jurisdiction of the amount or value of the subject-matter of the suit wherein
    the decree was passed does not exceed the pecuniary limits, if any, of its ordinary
    jurisdiction at the time of making the application for the transfer of decree to it,
    notwithstanding that it had otherwise no jurisdiction to try the suit.”
[Vide Uttar Pradesh Act 31 of 1978, s. 2]
     40. Transfer of decree to Court in another State.—Where a decree is sent for execution in another State, it
shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.


1. Ins. by Act 104 of 1976, s. 17 (w.e.f. 1-2-1977).
2. Ins. by s. 18, ibid. (w.e.f. 1-2-1977).
3. Ins. by Act 22 of 2002, s. 2 (w.e.f. 1-7-2002).


                                                               49

Compare original page image