Law: Civil Procedure Code (V of 1908)

Section: 39

Law: Civil Procedure Code (V of 1908)

Section: 39

Civil Procedure Code (V of 1908)-------S. 39 & O.XXI, R.6---Execution of decree by another court---Transfer of decree---Scope---Judgment debtor was resident of place "R" and had no property within the jurisdiction of executing court at place "K", which had passed the decree---Effect---No purpose would be served by keeping execution pending in the court which had passed the decree---Executing Court transferred the decree to District Judge at place "R" who could transfer the same to the court having jurisdiction for execution in accordance with law---Application was allowed accordingly. Nasir Maqsood for Decree-holder/Applicant. Nemo for Judgment-debtor/Respondent. ORDER NADEEM AZHAR SIDDIQI, J.-- By this application the decree-holder has sought permission for transfer of the decree from this Court to the Court of District Judge, Rawalpindi. In the application it has been pleaded that it is difficult to execute the decree at Karachi and it is appropriate that the execution proceedings may be initiated at Rawalpindi where it will be convenient to adopt different modes for the purpose of seeking enforcement of the decree. The learned counsel for the D.H. submits that neither the J.D. is residing nor owned any property within the jurisdiction of this Court, and as such, the execution of the decree is not possible. From the perusal of the record it appears that the J.D. is resident of Rawalpindi and has no property owned by him situated within the jurisdiction of this Court and there is no possibility of execution of the decree at Karachi. Section 39 of C.P.C. provides transfer of decree by the Court which passed a decree on the application of the decree-holder to another Court. The grounds for transfer are enumerated in clauses (a) to (d) of section 39 of C.P.C. A decree can be transferred, if the person against whom the decree is passed is residing within the jurisdiction of such Court and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492