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Criminal Procedure Code QUESTION #9472
Question 1
A obtained a decree against B in Civil Court Multan. B owns no property in Multan but has substantial moveable property in Karachi. A applies to the Multan Court to transfer the decree to the Civil Court Karachi for execution. B opposes, arguing A should file a fresh suit in Karachi. Which position is legally correct?
  • A is correct; the Multan Court may transfer the decree to the Civil Court Karachi on application by the decree-holder✔️
  • A should apply directly to the Karachi Court without routing through Multan
  • Transfer is only permissible if B consents
  • B is correct; a fresh suit is required to execute a decree in a different city
Correct Answer Explanation
Section 39 CPC empowers the Court which passed a decree to send it for execution to another Court if the judgment-debtor resides or has property within that other Court's jurisdiction. A separate suit is not required. The Multan Court has authority to transfer on A's application.