Question

    According to the provisions of CPC the Court which passed a decree may, on the application of the decree holder, 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 within the local limits of the jurisdiction of such other Court Correct Answer Incorrect Answer
    B 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 Correct Answer Incorrect Answer
    C 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 Correct Answer Incorrect Answer
    D Either a or b or c Correct Answer Incorrect Answer
    E Either a or b Correct Answer Incorrect Answer

    Solution

    Section 39.   Transfer of decree:  (1) The Court which passed a decree may, on the application of the decree holder, 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 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.

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