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IN THE HIGH COURT AT CALCUTTA
, J
Judgment-Debtor – Appellant
Versus
Decree-Holder – Respondent
| Table of Content |
|---|
| 1. the execution of a money decree is restricted by jurisdiction. (Para 1 , 2 , 3) |
| 2. arguments regarding the jurisdiction over property external to the original court's limits. (Para 4 , 6) |
| 3. the conditions under which execution can take place are defined under section 39 of the code. (Para 7 , 8 , 9 , 10 , 11) |
| 4. mandatory jurisdictional limitations of the court are clear in the amended provisions. (Para 12 , 15) |
| 5. the court's action without jurisdiction is void, and the order must be set aside. (Para 21 , 22) |
1.This appeal is at the instance of a judgment - debtor and is directed against order dated April 6, 2011 passed by a learned single Judge of this Court by which his Lordship appointed a Receiver in respect of a property described in paragraph 12 of the affidavit in support of the tabular statement of the application for execution which is undisputedly situated beyond the territorial limit of this Court.
2. The decree was one for payment of money and in execution of the decree, the decree - holder sought to attach and sell an immoveable property belonging to the appellant situated beyond the territorial limits of this Court.
3. The only question raised by the app
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