AIR 1947 MADRAS 347

Madras High Court

Hon'ble Judge(s): Gentle , C.J. AND Lakshmana Rao, Rajamannar , JJ

(A) Civil P.C. (5 of 1908) , S.39, S.42— Territorial jurisdiction of executing Court. Section 39 is clear and unambiguous in its meaning and effect; a Court passing a decree must have territorial jurisdiction in respect of property against which it can order execution; if it has not got that jurisdiction it cannot order execution and must send the decree for that purpose to the Court competent to do so. Section 42 confers like powers in execution upon a transferee Court and, it will follow, such Court is subject to the same limitation as the Court which passed the decree. To this rule there are two exceptions : (a) a Court which has jurisdiction under S. 17 to entertain suit in respect of immovable property situate within the jurisdiction of different Courts has also jurisdiction to execute the decree against the outlying properties in respect of which it can pass the decree; (b) under O.21, R.3 where immovable property forming one estate is situate within the local limits of the jurisdiction of two or more Courts, any one of such Courts may attach and sell the entire estate.(Para 7 8 13) Civil P.C. - ('44 Com), S.38. N.6 Pts.2, 3, 4 and 9. (B) Civil P.C. (5 of 1908) , S.39, S.42— Territorial jurisdiction of exe....