Section 466 in Civil Court Rules of the High Court of Judicature at Patna
466.
Applications under section 39 of the Code of Civil Procedure for the transfer of decrees to other Courts for execution, are not applications for execution and, whether granted or refused, should not appear in the returns at all. If a decree be transferred for execution by a superior Court to a subordinate Court of its own motion after an application for execution under Order XXI, Rule 10, has been filed and execution ordered under Order XXI, Rule 17, that application should be shown as disposed of and received by transfer. In any other case the receiving Court is not to make any entry in its returns until it receives from the creditor an application for execution under that section. If, after proceedings have been commenced in any Court on an application for execution, the creditor makes an application for transfer to a Court not subordinate, and the Court complies with it under clauses (a) to (d) of section 39 (1) the case pending in the transferring Court shall be returned as disposed of by transfer, where satisfaction of the decree has not been obtained at all on the application for execution; and as disposed of on its merits, when part satisfaction has been obtained; but, as directed above, it is not to be noticed in the receiving Court's returns as received by transfer.
