Transfer of decree
Section 39 of the Code of Civil Procedure, 1908 deals with transfer of decree. The Court which passed a decree may, on the application of the decreeholder, send it for execution to another Court [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 The Act came into force on 01 Jan 1909.
(1) The Court which passed a decree may, on the application of the decreeholder, send it for execution to another Court 1 [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 passed the 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 directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
(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.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
1[(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.]
2[(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.]
Section 39, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mohit Bhargava v. Bharat Bhushan Bhargava & Ors.
Court's Decision & Legal Precedent
After Amendment Act 22 of 2002 inserting s.39(4), when execution is sought against any person or property outside the local limits of the executing court’s jurisdiction, nothing in s.39 authorises that court to proceed with such execution; the decree must be transferred to the competent court. Conflict of pre-amendment discretion views is settled. Salem Advocate Bar Association clarified that O.XXI R.3 and R.48 are not diluted by s.39(4). High Court transfer of Gwalior execution (sale of Indore property) to Indore court upheld; related restraint orders left undisturbed. DATE-VERIFIED Judgment order-15.pdf 2007-04-20.
On this section: Core holding is the mandatory operation of s.39(4) Transfer of decree when executing against extraterritorial property.
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Bharat Bhushan Bhargava vs Mohit Bhargava
Court's Decision & Legal Precedent
When a decree holder seeks to execute a decree against immovable property lying outside the territorial jurisdiction of the executing court, the executing court is mandatorily bound (not discretionary) to transfer the decree to the court within whose local limits the property is situated, unless the property constitutes an estate or tenure that falls within the jurisdiction of multiple courts under Order XXI Rule 3 of the Code of Civil Procedure. This mandate arises from Section 39(4) of the Code as amended by Amendment Act 22 of 2002 (effective 1.7.2002), which withdrew the earlier discretionary power and imposed a duty on executing courts to desist from proceeding against property outside their jurisdiction. However, interim restraint orders (such as Mareva injunctions or freezing orders) can be validly passed and maintained by a court even if the property is outside its jurisdiction, as these are orders of restraint and not orders of final execution, and do not attract the jurisdictional limitation of Section 39(4).
On this section: Critical provision; sub-section (4) added to mandate that nothing in Section 39 shall authorize court to proceed with execution against person or property outside local limits of its jurisdiction; conflicts earlier judicial discretion with legislative mandate.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 39
What have the courts held on Section 39 of the Code of Civil Procedure?
Mohit Bhargava v. Bharat Bhushan Bhargava & Ors. (20 Apr 2007) is the leading judgment on this section among those set out below: Core holding is the mandatory operation of s.39(4) Transfer of decree when executing against extraterritorial property. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 39 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 39, section 39 CPC, section 39 of the Code of Civil Procedure. People searching for it also type cpc 39 rule 1 and 2 and cpc 39 rule 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mohit Bhargava v. Bharat Bhushan Bhargava & Ors. (20 Apr 2007).
What should I read with Section 39 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 39 of the Code of Civil Procedure come into force?
Section 39 of the Code of Civil Procedure, cited as CPC 39, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.