Step 1: Provision under CPC.
Section 39 of the Civil Procedure Code deals with transfer of decrees for execution.
Step 2: Grounds for transfer.
A decree may be sent for execution if—
- Debtor resides or works for gain in another court's jurisdiction.
- Debtor has property within jurisdiction of another court.
- Decree involves immovable property outside jurisdiction of passing court.
Step 3: Conclusion.
Since all apply, correct answer is (D).
As per Section 11 of the Code of Civil Procedure, 1908 for \(\textit{Res Judicata}\) to be applicable on a subsequent suit, the former suit must satisfy the following conditions:
I. has been finally decided.
II. can only be instituted prior to the subsequent suit.
III. relates to the same matter directly and substantially in issue in the subsequent suit.
IV. is between the same parties, or between parties under whom they or any of them claim.
Select the correct answer.
As per the Code of Civil Procedure, 1908, a decree \(\textit{ex parte}\) can be set aside against a defendant if:
I. summons was not duly served.
II. defendant was prevented by sufficient cause from appearing when suit was called on.
III. there was irregularity in summons though defendant had notice of hearing date.
IV. without notice being served on the opposite party.
Select the correct answer.