Section 39(3) in The Code of Civil Procedure, 1908
(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.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 18 (w.e.f. 1.2.1977). ]
