Jurisdiction of court in execution of money decree
Anil Kr Garg
(Querist) 07 September 2012
This query is : Resolved
Indore court has granted money decree against two debtors, one with address in Hyderabad and another with address in Secunderabad.
Decree was transferred by Indore court to Hyderabad Court, and Hyd court issued notices to both the parties in Hyd and Secunderabad respectively, and finally, recovered money from the party in Secunderabad.
Now, Secunderabad party made this payment UNDER PROTEST and filed objection stating that Hyd Court has no jurisdiction over them as they are situated in Secunderabad.
Kindly advise exact law on this issue.
Important is that (1) Hyd Court has been sent the decree by Indore court, (2) Two parties are judgment debtors and it is only one decree which cannot be sent to two different courts, and (3) Hyd and Secunderabad are twin cities but practically, there are just a single city.
Will be grateful for help pls.
Advocate Bhartesh goyal
(Expert) 07 September 2012
Decree can be executed at any place either from Hyderabad court or Secunderabad court and amount can be recovered from any judgment debtor irrespective of that both the parties are residing two different places as both the judgment debtor were party to the suit. Indore court passed the decree against both the judgment debtor.Objections of Secunderabad party are baseless.Hyderabad court has jurisdiction to execute decree.
sukanya (Joyce)
(Expert) 08 September 2012
order 21 rule ( 6 ) of code procedure gives power to court to execute its decree by another court where the party resides.
Anil Kr Garg
(Querist) 14 September 2012
Thank you very much for your replies.
