Madhya Pradesh High Court
M/S Radharaman Spices vs M/S Betul Oil And Feed Pvt. Ltd. on 13 May, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:38775
1 MP-1678-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 13th OF MAY, 2026
MISC. PETITION No. 1678 of 2026
M/S RADHARAMAN SPICES AND OTHERS
Versus
M/S BETUL OIL AND FEED PVT. LTD.
Appearance:
Shri Siddharth Shrivastava - Advocate for the petitioner.
ORDER
By way of this petition challenge is made to the order dated 12.12.2025 passed by the Executing Court whereby the Executing Court has rejected the application under Section 39 read with Section 151 CPC filed by the petitioner-judgment debtor for closing the execution proceedings in terms of Section 39 CPC.
2. There is a money decree against the petitioner vide ex parte judgment and decree dated 15.11.2017 and the said decree has been executed by the Executing Court at Betul (M.P.)
3. The petitioner-judgment debtor appeared in the said suit and submitted that the judgement debtor resides at Guntur (Andhra Pradesh) and pointed out that even the suit had been filed impleading him at his address at Guntur (Andhra Pradesh) and he does not have any property within Betul and therefore in terms of Section 39 CPC the execution proceedings at Betul be closed and send to such place where the petitioner judgement debtor Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 15-05-2026 17:47:49 NEUTRAL CITATION NO. 2026:MPHC-JBP:38775 2 MP-1678-2026 resides or carries on business. He categorically stated that he does not have any property either at Guntur or at any other place.
4. The Executing Court has rejected the said application on the ground that it appears that the judgement debtor wants to avoid execution of the decree. The Executing Court further noted that the petitioner judgement debtor is contesting a case for dishonour of cheque at Betul. It further held that looking to non-cooperation of the judgement debtor in the execution proceedings, the application cannot be allowed.
5. This Court has heard learned counsel for the petitioner at length and perused the record.
6 . Section 39 of Code of Civil Procedure provides as under:-
"39. Transfer of decree. --(1) The Court which passed a decree may, on the application of the decree holder, send it for execution to another Court 4 [of competent jurisdiction],--
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 15-05-2026 17:47:49
NEUTRAL CITATION NO. 2026:MPHC-JBP:38775 3 MP-1678-2026 (2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.
(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction."
7 . As per Section 39(4) CPC no Executing Court is authorized which has passed a decree, to execute it against any person or property outside the local limits of its jurisdiction. Upon a reading of Section 39, the decree can be transferred if the person actually and voluntarily resides or carries on business or works for gain within the local limits of jurisdiction of other Court and he has no property within the local limits of jurisdiction of the Court which passed the decree. Therefore, for seeking transfer of the decree to some other place, the petitioner was required to show that he resides at Guntur (A.P.) and also that he has no property at Betul.
8. From a perusal of the impugned order passed by the Executing Court, it is not indicated that whether the Executing Court has arrived at a conclusion that the judgement debtor has any property at Betul or not, though the Executing Court does not seem to have disputed the position that the judgement debtor resides at Guntur (AP).
9. In the considered opinion of this Court, till there is conclusive determination by the Executing Court that whether the judgement debtor has any property within the local limits of Betul (M.P.) till such time the Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 15-05-2026 17:47:49 NEUTRAL CITATION NO. 2026:MPHC-JBP:38775 4 MP-1678-2026 application under Section 39 read with Section 151 CPC was premature.
10. Therefore, the present petition is disposed off directing the Executing Court to conduct enquiry in terms of Order 21 Rule 37 and 40 and arrive at definite conclusion that whether the petitioner has any property within the local limits of Betul (M.P.). If the Court arrives at conclusion that the petitioner has no property within the local limits of Betul (M.P.) and he is also resident of Guntur (AP) then the petitioner at that stage would be at liberty to file a fresh application under Section 39 read with section 151 CPC.
11. Accordingly, with the aforesaid direction to the Executing Court to carry out enquiry in terms of Order 21 Rule 37 and 40 and record finding about existence of property of the petitioner at Betul (MP), the present petition is disposed off.
(VIVEK JAIN) JUDGE nks Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 15-05-2026 17:47:49