Trf case with condition ?
Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
Question: Civil courts Mumbai passed a exparty decree for recovery of Rs. 1 lac, there after i filed execution but later on i came to know Judgment debtor have no moveable or immoveable property at Mumbai rather JD have a office in Gujarat , i have no knowledge regarding any property of JD except office having sufficient computers/furniture’s etc at Gujarat, now i filed a transfer application for transferring the execution to Gujarat court which is now fixed for consideration , court view is that only on the ground as mentioned by me court cannot transfer the execution to Gujarat, kindly help with citation plz.
Answer given was: you have to furnish documents showing that the JD has property in the jurisdiction of Gujarat Court. Unless there is some prima facie evidence about existence of property in the jurisdiction of another court, a decree can not be transferred.
But my Question is : But section 24 & 25 of the CPC doesn’t say that any evidence is required to trf the case for state to another state or not any condition is imposed for trf the case to the another state court? So I require a citation which says that proper evidence is required to trf the case to any state court.
If the procedure of keeping a case on dormant file is available in your state, request the judge to keep the case on dormant file. once it is kept on dormant file, it can be taken up at any time after the accused is found.
Thank U.
