High CourtsDivision Bench(1891) 07 CAL CK 0014

Girindro Chunder Roy vs Jarawa Kumari and Another

Calcutta High Court · Decided on 20 July 1891 · Citation: (1893) ILR (Cal) 105

HON’BLE JUDGES
Pigot, J · Banerjee, J

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Judgment

2 paragraphs · 131 words

Pigot and Banerjee, JJ.—We think that in this case the effect of Sections 610 and 649 of the CPC 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 u/s 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.