Question

Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property. Facts: A decision is given by court at New Delhi on a contractual matter against X in a suit between X and Y. X is resident of Maharashtra and he has properties in Maharasthra and Gujarat.

Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property. Facts: A decision is given by court at New Delhi on a contractual matter against X in a suit between X and Y. X is resident of Maharashtra and he has properties in Maharasthra and Gujarat.

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Option A: New Delhi court can transfer the proceedings to Court at Maharashtra only
Option B: New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also
Option C: New Delhi court can transfer the proceedings to court at Gujarat only
Option D: New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat

Correct Answer

Option: d

Explanation

Chapter I, Section 9 of CPC describes Courts to try all civil suits unless barred.

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