date of the transfer,
pass. There was thus no agreement for transfer and much
less a transfer of a future decree by this document ... transfer of property which is
not in existence at the date of the transfer. Therefore,
the purported transfer of the decree that might be passed
Morena
court. According to the decree-holders the decree in
question is not a decree of a foreign court as contemplated
by 'the Code ... decree-holder filed
an application for execution of the decree before the
Allahabad Court. The judgmentdebtors contended that the
decree being a decree of foreign
Naresh Singh
sought to execute the decree. As a consequence, the decree
was transferred from the Court of the Judge of Small Causes ... clause (d), the Court has a rational discretion to
transfer or not to transfer the decree passed by it. This is
apparent from the word
Foreign Decree-Decree passed in Gwalior in November 1948-
Transfer for execution to U. P. in September 1951-Execution
application in U. P.-Maintainability ... court which
passed the decree. Section 39 empowers the court which
passed the decree to transfer it for execution to another
court. The word
that does not
put the respondent/decree-holder out of Court. The decree
could be transferred and was valid and executable. But,
because of infirmity ... that does not put the respondent/decree-holder
out of Court. The decree could be transferred and was valid
and executable. But because
under:
“39. Transfer of decree. – (1)The Court which passed a decree
may, on the application of the decree-holder, send it for execution ... Court which passed the decree or unless before
the determination of such attachment the decree has been
transferred to the Court by which the attachment
Small Cause Court
jurisdiction. At the instance of the decree holder the
decree was transferred for execution to the court of Munsif
1st at Gaya ... page 233 "On such transfer the
former court (that is the court which transferred the
decree) does not altogether lose seisin of the decree
annulling a transfer,
the transfer stands annulled as from the date it was made.
But even so, the transfer stands till it is annulled ... transfer on annulment,
becomes void as from the date of the transfer cannot turn
the exercise of a right under the transfer, made prior
decree of the Special judge was, within U. P., a decree for
all purposes of the Code of Civil Procedure and could
properly be transferred ... decree as a decree
47
370
under the Code. If he could not do so he could not order
execution of the decree
Code the powers of the court executing a decree on transfer
are identical with those of the court which passed the
decree.
That although ... Lundia, applied to the Calcutta
High Court for execution. The
decree was transferred to the Subordinate Judge, Motihari,
and the execution proceedings started there
