abhijit tendulkar (lawyer) 13 February 2011
sir,
Decree holder has moved an application for transfer of execution frm one jurisdiction to another stating that JD has assets in dat jurisdiction...n dat too without supporting that application with affidavit ...plz help me for further steps for arguments....regarding judgements n all........ it would be great help
thank u
Adv B.B.Gambhir #9814820602 (advocate) 14 February 2011
Brother, as per section 39 of CPC, the decree holder can move an application for transfer of decree from one court to another court by moving an appliction so that the decree can be satisfied. as far as the affidavit is concerned, this is curable default. it can be rectified at any stage with the permission of the court. Due to non filing of affidavit alongwith application, the court can not refuse the prayer made in application moved in execution.
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