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Criminal Procedure Code QUESTION #9493
Question 1
A applies for execution of a decree passed by a District Court in Lahore. The applicant seeks to execute the decree against B's immoveable property situated entirely within the local limits of a Civil Court in Faisalabad. The Lahore District Court, without transferring the decree, itself issues a sale proclamation for the Faisalabad property. Is this procedure correct?
  • Yes; a decree-holder can choose any Court for execution
  • No; but the High Court can authorise Lahore Court to execute in Faisalabad
  • Yes; a District Court's jurisdiction is not limited by location
  • No; the decree should first be transferred to the Faisalabad Court under Section 39 CPC before execution of property situate within its jurisdiction✔️
Correct Answer Explanation
Section 39(1)(c) CPC provides that a decree may be transferred to another Court if the decree directs the delivery of immoveable property situate outside the jurisdiction of the Court which passed it. Section 38 allows execution only by the Court which passed it or the Court to which it is sent for execution. Lahore Court must transfer before Faisalabad property can be sold.