SURESH GARODIA Vs. OM PARKASH

JUDGEMENT

(1.) The money suit No.307 of 1998 was decreed by the Court of Civil Judge (Sr. Division) No.3, Guwahati, for a sum of Rs. 14,75,047/- with interest at the rate of 15% per annum besides costs of the suit.

(2.) The said decree was not executable within the jurisdiction of the Ld.Civil Judge (Sr. Division) No.3, Guwahati, hence on an application by the decree holder the learned Court had passed orders under Order XXI Rule 6 CPC and issued a certificate of non-satisfaction of decree and a letter- transmitting decree for execution addressed to Delhi Courts alongwith original execution application No.M-Ex.17/2001, certified copy of the money decree and the judgment.

(3.) Inadvertently the learned Civil Judge, (Sr. Division) No.3 of Guwahati, Assam addressed the same to City Civil Judge, New Delhi, whereas the original jurisdiction of the decretal amount lies with this Court.