Transfer of Decree

IV - Transfer of Decree Read Sec.39 C.P.C O.21 R.5 & 6 Procedure Sec.39 (4) – Person and property outside the Jurisdictional court – cannot be executed. Powers of the transferee courts Sec.42 C.P.C. Form No.52 of Civil Rules of Practice Application Order Form-3 Appendix E of C.P.C Rule 206 of Civil Rules of Practice (apart from sending the decree through a messenger, the copy of the decree and the decree transfer proceedings must be sent by post in confirmation of sending decree through a messenger) Certificate of Non-satisfaction Form.no-4, Appendix.E of C.P.C Certificate of Execution - Form no.5 of C.P.C 

TRANSFER OF DECREE Situations warrant that the decree may have to be transferred to some other court for the purpose of execution. The court which passes a decree may on application of a decree holder send it for execution to another court under following circumstances: - 1. If the person against whom the decree is passed actually and voluntarily resides or carries on business or personally works for gain within the jurisdiction of such other court. 2. If the person does not have property within the local limits of the jurisdiction of the court, which passed the decree sufficient to satisfy such decree and has property within local limits of jurisdiction of such other court. 3. If the decree directs the sale or delivery of immovable property situated outside the local limits of the jurisdiction of the court. 4. If the court which passed the decree considers for any other reason to be recorded in writing the decree should be executed by such other court. The word Court means court of competent jurisdiction.The court to which decree is transferred for execution shall have same powers as the original court and persons disobeying or obstructing the execution of decree are punishable in the same manner. The transferee court however cannot travel beyond the decree. If the matter is transferred from one court to other for administrative reasons say from second court to fourth court both courts are competent. When a decree is transferred by the Court which passed it to another Court for execution, the documents mentioned in Order XXI, Rule 6, must be sent to the latter Court. The work in connection with the preparation of these documents should be done by Court officials holding permanent appointments, on payment, in the first instance, by the person applying for the transfer of the decree of a fee of Rs.1/-. The amount so recovered shall be credited to Government under the head “XXI-A—Law and Justice—Courts of Law—General Fees, Fines, and Forfeitures—Fees levied by Courts”. A decree-holder, however, may at his option file with application a copy of his decree duly stamped in accordance with Article 7 of Schedule I, to the Court-fees Act, VII of 1870, and when he does so, he shall be exempted from the fee of Rs.1/-, prescribed in this paragraph, the remaining documents being prepared by the officials of the Court without further payment by the decree-holder. Where the Court to which a decree is to be sent for execution is situate within the same district as the Court which passed the decree, the Court passing the decree, shall send the same directly to the former Court. But, where the former Court is situate in a different district the Court, which passed the decree, shall send it to the District Court of the district in which the decree is to be executed. (Order XXI, Rule 5 of the Code). Under Order XXI, Rule 8 of the Code of Civil Procedure, 1908, a decree sent under the provisions of Section 39 for execution to another district may be executed either by the District Court to which it is sent, or by any Subordinate Court of competent jurisdiction to which the District Court may refer it, and, under Section 42, the Court executing the decree has the same powers of execution as if the decree had been passed by itself. The execution files of such cases should remain with the record of the Court by which the decree is executed, and should not be returned to the Court by which the decree was passed. A certificate showing the extent to which the decree has been executed is required, by Section 41 of the Code of Civil Procedure, 1908 to be sent to the Court which passed the decree, as to execution so certified, and the particulars should be entered in that Court‟s register of Civil suits under the head „Return of Execution‟ in order to prevent a “double execution‟ being taken out in any other district. To ensure compliance with order XXI, Rule 6 of the Code the High Court has prescribed a register in Form XXXIIII of part A-IV of High Court Rules and Order, Volume VI-A, Decrees transferred to other courts and those received by transfer are shown on the two sides of the same page in the register.