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Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
Facts:A decision is given by court at New Delhi on a contractual matter against X in a suit between X and Y. X is resident of Maharashtra and he has properties in Maharasthra and Gujarat.
New Delhi court can transfer the proceedings to Court at Maharashtra only
New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also
New Delhi court can transfer the proceedings to court at Gujarat only
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
Personal jurisdiction means that the court has authority not only over the subject matter of the case but also over the parties to the case. ... By filing a lawsuit in a court, the plaintiff voluntarily submits to or grants the court personal jurisdiction over her. As per the principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property. New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat. Hence, option 4 is the correct answer.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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