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Girindro Chunder Roy Vs. Jarawa Kumari and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1893)ILR20Cal105
AppellantGirindro Chunder Roy
RespondentJarawa Kumari and anr.
Excerpt:
execution of decree - decree of her majesty in council--transfer of decree for execution--territorial jurisdiction--civil procedure code (act xiv of 1882), sections 610, 649, 223. - pigot and banerjee, jj.1. we think that in this case the effect of sections 610 and 649 of the civil procedure code is that the court which formerly had, but now no longer has, territorial jurisdiction ought, when the decree is sent to it, to exercise by its own motion, or when applied for, the provisions of section 223, and transfer the decree for execution to the court which now has territorial jurisdiction. whether or not under the law, as it now stands, the decree under section 610 ought, under such a decree as that of the judicial committee in this case, to be sent direct from this court to the court now having territorial jurisdiction is a matter which we need not discuss in this case.2. the appeal is allowed, but without costs.
Judgment:

Pigot and Banerjee, JJ.

1. We think that in this case the effect of Sections 610 and 649 of the Civil Procedure Code is that the Court which formerly had, but now no longer has, territorial jurisdiction ought, when the decree is sent to it, to exercise by its own motion, or when applied for, the provisions of Section 223, and transfer the decree for execution to the Court which now has territorial jurisdiction. Whether or not under the law, as it now stands, the decree under Section 610 ought, under such a decree as that of the Judicial Committee in this case, to be sent direct from this Court to the Court now having territorial jurisdiction is a matter which we need not discuss in this case.

2. The appeal is allowed, but without costs.


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