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...by a certificate of non-satisfaction at Madras has been transferred for execution to Delhi High Court (Original Side). Yet again the decree accompanied by transfer certificate and certificate of n...provision of Civil Procedure Code has been brought to my notice which may expressly prohibit simultaneous execution of decree before two Courts. Section 38 provides for execution of a ...decree for execution to another court and the execution by transferee court.5. The law does not prevent simultaneous execution of decree in more courts than one, although th...
...Sanjeev Sachdeva, J. (Oral)Ex. Pet. 58/2017 & Ex. Appl. (OS) 261/2017 (for transfer of decree for execution to the Court of District Judge Valsad, Gujarat)...decree, in terms of order XXI Rule 22 of the Code of Civil Procedure, it is not necessary to issue notice to the Judgment Debtor to show cause against execution of the .... The Decree Holder seeks execution of Decree dated 23.03.2017 in CS(COMM.) 178/2016, whereby, this Court has decreed the suit, filed by the plaintiff/Decree Holder, for a sum of Rs. 1,52...
.... What Court then will have jurisdiction to try the suit in which the decree under execution was passed at the time of making the execution application? In the case of transfer of ...if we may assume that the Court of first instance by reason of the transfer of decree for execution to another Court cesses to have jurisdiction to execute it, yet it cannot be said that ...case too the definition is limiting one. Cessation contemplated is total or absolute cessation and not temporary loss of jurisdiction by reason of the transfer of the decree for execution...
...21 CPC relates to the power of the Court to which the decree has been sent for execution, staying the execution for a reasonable time to enable the judgment-debtor to apply to the Court b...1. First respondent obtained a money decree against the revision petitioner and respondents 2 to 4 and filed E.P., for attachment of the salary of the revision petitioner. Revision...execution to another Court. Therefore, it is clear that Rule 26 of Order 21 CPC does not apply to cases where the decree is being executed by the same Court which passed...
...hand, there is a long series of decisions which go to show that in spite of transfer of decree for execution to another court, the court which passed the decree does not cease to...to entertain an application for execution. It could withdraw the decree from the Munsif's court and execute the decree itself or transfer it to any other court for execution, or, in other...Court of the Subordinate Judge, Gaya exercising Small Cause Court jurisdiction. At the instance of the decree-holder the decree was transferred for execution to the Court of Munsif 1st at...
...was filed by the decree-holder in terms of Sections 39/40/42, Order 21 Rule 6 read with Section 151 CPC for issuance of transfer certificate for transfer ...Section 151 CPC for issuance of transfer certificate and for transfer of the decree for execution to the competent Court at Narnaul. The execution was ...filed at Hisar. Para No.7 of the execution application was catagoric in terms of the execution having been transferred from Court at Delhi to the transferee Court at Hisar. Before the decree could have...
...February, 1957. The decree-holders obtained a transfer certificate for execution of the decree in the Civil Court at Ludhiana and applied for execution thereof on 19th April, 196...prescribes the mode of transfer of decree for execution in a different district, are identical. I am in respectful agreement with the law enunciated in the Mariamma Mathew's case, and that being s...that District for execution of the decree. If the certificate had been sent to the District Judge of D, he in normal course, would have trans erred it for execution to the Subordinate Jud...
..., it is necessary to refer to the law relating to transfer of a decree for execution. Section 39 deals with a transfer of decree for execution. Section 39(1) em...send it for execution to another Court on the application of the decree-holder in cases which are enumerated in cls. (a) to (d) of that section. The decree would be transferred to a Court within...decree can be transferred for execution to such other Court. The decree can also be transferred if the decree directs the sale or delivery of immovable property situate outside the local limits ...
...to all persons and debts in the State of Tamil Nadu could not however lead to the position that the Bombay Court's decree transmitted to the Court in Tamil Nadu for execution could be held discharged by the
...execution in another Court is a matter of procedure and it does not in any way and cannot touch upon the substantive rights of the parties., A Division Bench of Madras High Court has, therefore, held that the ...Civil Cases 626 that even if the decree was obtained in Madras and sent for execution in Andhra Pradesh, the judgment-debtor can apply for benefit of Act VII of 1977 and he distinguished ...
...39 c. P. C. Provides for the transfer of decree for execution to another court of competent jurisdiction against whom the decree is passed and who actually and voluntari...lands nor delivered possession of the said lands to the petitioners. Therefore, the petitioners obtained an order from this court transmitting the decree for execution. Pursuant thereto the petitioner...on business or personally works for gain within the local limits of the jurisdiction of such court. Order 21 rule 35 (i) c. P. C. Provides for execution of ...
...Article 136 of the Limitation Act, 1963.5. We may examine whether the application for transfer of a decree would amount to an application for ...21, Rule 5 of CPC deals with mode of transfer of a decree for execution to another Court. The Court which passed such decree shall send the decree directly to s...Civil Procedure Code as well as Rules of Practice framed by the High Court of Kerala. Application for execution would squarely fall under Order 21, Rules 10 and 11 subject to Article 136 ...
...-holder applied for execution praying for transfer of decree for execution to the Civil Court of Ratlam. Thereupon, an order for transfer of ....10. On 9-9-1949 the decree-holder obtained an order for the transfer of decree to the District Judge, Mandsaur on an application for execution. A transfer certi...Appellants who is a Firm owned by Mishrimal and his son Sohanlal of Ratlam (Madhya Bharat) in the Court of Munsiff Muradabad for Rs. 2400/-. This was obtained exparte.3. On 18-12-1950 decree...
...transfer of the execution case, although in Section 24 word "proceeding" has been explained to mean proceeding for execution of a decree or order. According to Shri Bhoot, proceeding in t...them. It would appear from this provision that powers of withdrawal have been conferred on the superior Courts for transfer of suit or appeal or other proceedings. Further it is significant that Sub-section (3) has...Section 24 applies to execution proceedings. This divergence has been set at rest by providing that the word "proceeding" shall include proceeding for the execution of a decree or order in Section 24. The ...
...were made for execution of the decree, and the decree-holder, on the 15th of December, 1908, applied for the transfer of the decree from the court at Agra, to t.... It lays down in substance that an application for transfer is tantamount to an application for execution. The learned vakil for the judgement-debtor relies upon ...rejected the application for revision on another ground. We are of opinion that an application for execution can in no sense of the words be regarded as an application in continuation of an applic...
...passed on the 1st of September, 1897, and it was made absolute on the 17th of November, 1900. The last application for execution, admittedly within time, was made on the 11th of May, 1906. On the 5th ...application for execution would be within time if the application of the 5th of September, 1908, was one to take a step in aid of execution, within the meaning of Articl...1. This appeal arises out of an application for the execution of a decree, and the question to be determined is whether the application is time-barred. A preliminary decree ...
...passed it or by the court to which it is sent for execution. The court which passed the decree has been defined in Section 37. Transfer of decree to another court for its ...for in Section 39. Section 40 provides for transfer of decree to a court in another State. Section 42 lays down that the court to which a decree is transferred for execution shal...its possession was not handed over to the appellant in terms of the compromise decree, she filed an application for execution which was resisted by the respondent by means of objections filed under...
...transfer of decree for execution to another court of competent jurisdiction against whom the decree is passed and who actually and voluntarily resides or carries o...personally works for gain within the local limits of the jurisdiction of such court. Order 21 Rule 35(1) C.P.C. provides for execution of decree for immov...before the IX Additional Chief Judge, City Civil Court, Hyderabad for execution of the order dt.26-07-2007 in W.P.No.10743 of 2005.
10. The said E.P. was filed invoking...
...petitioner sought adjournment to seek instructions if the DH was ready to move trial court/executing court for transfer of the decree for execution to competent court in District Zhunzhunoo. Pursu...revision petition is disposed of by giving liberty to the petitioner - DH to move trial court/executing court for transfer of the decree for execution to competent court in District Zhunz...times. However, in spite of direction by executing court, decree holder did not file correct address of JD. Petitioner DH was even granted permission to accompany the executing official for execution...
...contend that as per the provisions in Sections 37 and 39 of C.P.C, the decree should have been transferred from Sankari Sub-Court to Tiruchengode Sub-Court for execution and in the absenc...aspects viz., the transfer of decree for execution as well as the point of waiver came up before Full Bench of the Supreme Court in ...687: ILR 55 Mad. 801 (FB), a Full Bench of the Madras High Court has taken a different view, and held that in the absence of an order of transfer by the Court which passed the ...
...properties came within the jurisdiction of the Court of the District Munsif of Madura Taluk. The decree holders applied for execution in the Court of the District Munsif of Madur...jurisdiction to execute the decree.46. Section 150 of the CPC was also considered and it was held that it was an enabling section by virtue of which the decree holder might apply for ...that where there was any transfer of business, the Court which passed the decree must still be held to have jurisdiction to execute it. The Court passing the decree, therefore, was the proper Court where the applic...