Site navigation

For the purpose of section 39 of CPC the court is of competent jurisdiction, if at the time of making…

Under CPC s.39(3), a court is a court of competent jurisdiction for executing a transferred decree only if, at the time of the transfer application, it would have had…

Choose your answer

For the purpose of section 39 of CPC the court is of competent jurisdiction, if at the
time of making the application for transfer of decree to it, such court would have
jurisdiction to try the suit

Select one answer
Answer and explanation

Correct answer A

Under CPC s.39(3), a court is a court of competent jurisdiction for executing a transferred decree only if, at the time of the transfer application, it would have had jurisdiction to try the suit in which that decree was originally passed, not merely jurisdiction over the transferee proceedings themselves.

Practice for these exams

Related exam syllabi

Related questions in this topic