Executing Court Erred In Seeking Transfer Certificate To Execute Award When It Had Jurisidiction To Entertain Application: Rajasthan HC Sets Aside Order
The Rajasthan High Court bench of Justice Narendra Singh Dhaddha has held that the Executing Court had committed an error in directing to furnish the transfer certificate for executing an award when it already had jurisdiction to hear the application. So, the orders dated 12.10.2018 and 13.03.2019 passed by the Executing Court deserve to be set aside, the court added. Then, the respondent filed the objection under Order 21 Rule 11 CPC regarding maintainability of the execution application and the Executing Court directed the petitioner to file transfer certificate for transferring the execution petition to the Additional District and Sessions Judge. Thereafter, the petitioner filed an application under Section 114 and Order 41 CPC read with Section 151 CPC for reviewing the order, but the Executing Court dismissed the application filed by the petitioner. Then, the court allowed the petition, and the orders dated 12.10.2018 and 13.03.2019 passed by the Executing Court are set aside and Executing Court is directed to decide the execution application filed by the petitioner.
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