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Transfer of Decree for Execution (Section 39 CPC)

Civil Procedure & Litigation Mechanics

Definition

The statutory procedure where the court that passed a decree sends it for execution to another competent court, applied when the judgment debtor resides, carries on business, or holds property within the local limits of that other court.

Example

The City Civil Court at Hyderabad passes a decree against a debtor who has relocated permanently to Visakhapatnam; under Section 39 CPC, the Hyderabad court transmits a certified copy of the decree and a non-satisfaction certificate to the Principal District Court at Visakhapatnam for execution.