ASHA RANI Vs. M/S. BANSAL TRADING COMPANY

JUDGEMENT

(1.) The application is allowed and the affidavit of respondent no. 2 filed in compliance to the order dtd. 21/11/2018, is taken on record, subject to all just exceptions. CR No. 5795/2016

(2.) Revision petition herein is by a decree-holder seeking to set aside the impugned order dtd. 18/8/2016 (Annexure P-7), whereby the execution petition filed by him has been transferred from district Bhatinda, Punjab to another State (Rajasthan).

(3.) Learned counsel for the petitioner submitted that as per Sec. 39 of CPC, only a decree-holder has been given right to seek transfer of execution proceedings. Notwithstanding, on an application filed by JD/respondent, vide impugned order dtd. 18/8/2016, execution proceedings have been transferred by the Court of Additional Civil Judge (Senior Division), Bathinda (Punjab) to the Court of Civil Judge (Senior Division), Sangria, District Hanumangarh (Rajasthan).