Execution of decree
Querist :
Anonymous
(Querist) 24 February 2011
This query is : Resolved
R/Members of LCI
An ex party decree for recovery of Rs. 50000/- was passed in my favour,i am living in Karnal and JD is doing his business at Gurgaon,i have filed a execution petition and court has passed order of attachment of property of JD and asked me to give a list of properety of JD, I want to submit list of property of JD like Furniture,computers,almirah etc,which are lying in the office of JD situated at Gurgaon,some one has tell me that ,as the property which i want to mention in list of property of JD is lying in the office of JD situated at Gurgaon,so i have to got transfer my execution petition to Gurgaon court for attachment and execution,kindly tell me provision and sections etc. please Sir.Thankyou
Parveen Kr. Aggarwal
(Expert) 24 February 2011
Yes. You have been rightly told that a court cannot pass order of attachment of property outside the local limits of its jurisdiction.
The relevant provision is section 39(4) of the Code of Civil Procedure, 1908. You will have to get the decree transferred for execution.
"39. Transfer of decree:- (1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court of competent jurisdiction,-
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has no property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.
(2) The Court which passed the decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.
(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction."
Advocate Bhartesh goyal
(Expert) 25 February 2011
Yes,Mr.Parveen Kr.Aggarwal is right.You have to get transfered the execution petition.
G. ARAVINTHAN
(Expert) 25 February 2011
Execution proceedings can be transferred to Court having competent jurisdiction
