Question

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 

Answer 1

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.