Question

Where territorial jurisdiction of a court is transferred after passing a decree, an execution application may be filed

• A. In the court which had passed the decree
• B. In the Court to which territorial jurisdiction was transferred only
• C. In either of the court under a or b
• D. In any court in India

Hint:

For execution of decrees, remember that Section 37 CPC gives an inclusive definition of the "court which passed a decree." This ensures that a decree-holder is not left without a remedy if the original court's jurisdiction changes.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question is about identifying the proper court for filing an execution application when the area, where the cause of action arose or the defendant resides, is transferred from the jurisdiction of the court that passed the decree to another court.
Step 2: Key Formula or Approach:
The relevant provisions are Section 37 and Section 38 of the Code of Civil Procedure, 1908 (CPC).
- Section 38 states that a decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.
- Section 37 defines the expression "Court which passed a decree". Clause (b) of this section is crucial here. It states that the expression includes, "where the Court of first instance has ceased to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit."
Step 3: Detailed Explanation:
Based on these provisions, both courts have jurisdiction to execute the decree.
1. The court which originally passed the decree retains its jurisdiction to execute it as the "court which passed the decree".
2. The court to which the territorial jurisdiction has been transferred now has jurisdiction because it is the court that would be competent to try the suit if it were filed today. As per Section 37(b), it is also considered the "court which passed the decree" for the purpose of execution.
Therefore, the decree-holder has the option to file the execution application in either of the two courts.
Step 4: Final Answer:
An execution application may be filed in either of the court under a or b.