Procedure, 1908
39. Transfer of decree .-
(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution ... decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or (c) if the decree
date of the transfer,
pass. There was thus no agreement for transfer and much
less a transfer of a future decree by this document ... transfer of property which is
not in existence at the date of the transfer. Therefore,
the purported transfer of the decree that might be passed
Code of Civil Procedure, 1908
42. Powers of Court in executing transferred decree .-
(1) The Court executing a decree sent to it shall have
Morena
court. According to the decree-holders the decree in
question is not a decree of a foreign court as contemplated
by 'the Code ... decree-holder filed
an application for execution of the decree before the
Allahabad Court. The judgmentdebtors contended that the
decree being a decree of foreign
Naresh Singh
sought to execute the decree. As a consequence, the decree
was transferred from the Court of the Judge of Small Causes ... clause (d), the Court has a rational discretion to
transfer or not to transfer the decree passed by it. This is
apparent from the word
Foreign Decree-Decree passed in Gwalior in November 1948-
Transfer for execution to U. P. in September 1951-Execution
application in U. P.-Maintainability ... court which
passed the decree. Section 39 empowers the court which
passed the decree to transfer it for execution to another
court. The word
that does not
put the respondent/decree-holder out of Court. The decree
could be transferred and was valid and executable. But,
because of infirmity ... that does not put the respondent/decree-holder
out of Court. The decree could be transferred and was valid
and executable. But because
property sufficient to satisfy the decree, the Court may, on the application of the decree-holder, send the decree for execution- (a) in the case ... immovable property of such judgment-debtor, may be found. Procedure when decree transferred. - The procedure prescribed by the [Code of Civil Procedure
Court is the return of the decree copy to the Court that passed the decree as thereby the transfer proceedings come ... case an application to transfer the decree was filed to the Court that passed the decree for transferring it to a Court in Mysore more
decree? That is to say, does the Court which passed the decree divest itself of its power to execute the decree by transferring the decree ... prevented from disposing of his property before the decree-holder can get the decree transferred and take steps in the proper Court for execution against
