Multiple choice

Which of the following statements is correct?

The court which passed the decree may transfer it to another competent court if the

  1. judgment debtor carries on business within the jurisdiction of latter court

  2. judgment debtor has no property within the jurisdiction of the former court sufficient to satisfy such decree but has property within the jurisdiction of the latter court

  3. decree directs the sale of immovable property situated outside the local jurisdiction of the former court

  4. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Section 39 of CPC provides three grounds for transfer of decree: (1) when judgment debtor carries on business within the latter court's jurisdiction, (2) when he has no property within former court's jurisdiction sufficient to satisfy decree but has property within latter court's jurisdiction, and (3) when decree directs sale of immovable property situated outside the local jurisdiction of former court. All three conditions independently authorize transfer, making 'All of these' the correct answer.

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