Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom a 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 the court at New Delhi on a contractual matter against X in a suit between X and Y. X is a resident of Maharashtra and he has properties in Maharashtra and Gujarat.
Options
New Delhi court can transfer the proceedings to Court at Maharashtra only
New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also
New Delhi court can transfer the proceedings to court at Gujarat only
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
Solution
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
Explanation:
New Delhi court can transfer the proceedings to either of the courts i.e. Maharashtra or Gujarat. This is according to the principle that the Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
