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1959 Supreme(AP) 120

JAGMOHAN REDDY, P.CHANDRA REDDY, SRINIVASA CHARI
Kammela Somasekhara Rao – Appellant
Versus
Kammela Seshagiri Rao – Respondent


CHANDRA REDDY, C. J.

( 1 ) THE question referred to the Full Bench is whether the transferor Court is bound to hear objections as to the excitability of a decree raised by the judgment-debtor before an order for transmission is made.

( 2 ) THE respondent obtained a decree in O. S. No. 203 of 1948 against the appellant for a sum of Rs. 12,000. 00 with interest thereon at 6 per cent per annum from 1-9-1948 till realisation. Having unsuccessfully levied execution till the year 1954, the respondent applied for transmission of the decree to the District Court, Eluru, within whose jurisdiction the properties of the appellant are situated. The appellant opposed the application attacking the validity of the decree. The trial Court transmitted the decree to the District Court, Eluru, with the remark that the appellant would renew his application for the relief sought by him if he was so advised. That order is impeached by the aggrieved judgment-debtor in this appeal.

( 3 ) IT is urged by Sri Sankara Sastry on behalf of the appellant that before the Court which passed the decree could send the decree for execution to another Court, it was obligatory on its part to hear and decide all objecti



















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