CHITHRARU JATHAVEDAN NAMBOORIPAD Vs. GOPALA PILLAI CHANDRASEKHARAN NAIR

JUDGEMENT

(1.) The appellant obtained a decree in the Court of the Munsiff at Trivandrum charged on Immovable properties. On a readjustment of territorial Jurisdiction of Court after the passing of the decree, item 12 of the properties under the decree, to which alone this appeal relates, came within the jurisdiction of the Court of the Munsiff at Nedumangad. The decree was therefore transferred for execution to that Court. Subsequently, on another such readjustment, the property was restored to the jurisdiction of the munsif at Trivandrum. This notwithstanding, the proceedings in execution continued in the Nedumangad Court and culminated in a sale of the property on the 27th August, 1955, which was duly confirmed on the 9th February, 1957.

(2.) It is a fundamental rule, that "no court can execute a decree in which the subject-matter of the suit or of the application for execution is property situate 'entirely' outside the local limits of its jurisdiction". See Mulla on Civil Procedure Code, 12th Edition, Page 164. To this rule, there is a well recognised exception in the case of mortgage decree or decrees charged upon property. One of the early cases in which it found recognition is Maseyk v. Steel and Co., ILR 14 Cal 661 at pp. 668 and 669 in which Patheram, C.J. stated the principle thus:

(3.) The rule of jurisdiction for institution of suits is enacted in Section 17, C. P. C., the relevant part reading,