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 Maharashtra and Gujarat.

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

Hint:

A court may transfer a case to another court with jurisdiction over the defendant’s residence or property.

Answer 1

The Correct Option is D

According to the principle, a court can transfer the proceedings to another court if it has territorial jurisdiction over the person or property. In this case, the court at New Delhi has the jurisdiction to decide the matter, but since the defendant, X, resides in Maharashtra and has properties in Gujarat, the court at New Delhi can transfer the case to any of the courts that have jurisdiction over the defendant's property or residence. Hence, the proceedings can be transferred to either the Maharashtra or Gujarat courts.
Thus, the correct answer is (D).
Option (A) is incorrect because it restricts the transfer to Maharashtra only, which is not mandated by the principle. Option (B) is incorrect as New Delhi court cannot execute the decision unless it has the jurisdiction to enforce it, which is not clear here. Option (C) is incorrect because the case can be transferred to both Maharashtra and Gujarat, not just Gujarat.