1. ' NADEEM AZHAR SIDDIQI, J.-- By this application the decree-holder has sought permission for transfer of the decree from this Court to the Court of District Judge, Rawalpindi.
2. ' In the application it has been pleaded that it is difficult to execute the decree at Karachi and it is appropriate that the execution proceedings may be initiated at Rawalpindi where it will be convenient to adopt different modes for the purpose of seeking enforcement of the decree.
3. ' The learned counsel for the D.H. Submits that neither the J.D. Is residing nor owned any property within the jurisdiction of this Court, and as such, the execution of the decree is not possible.
4. ' From the perusal of the record it appears that the J.D. Is resident of Rawalpindi and has no property owned by him situated within the jurisdiction of this Court and there is no possibility of execution of the decree at Karachi.
5. ' Section 39 of C.P.C. Provides transfer of decree by the Court which passed a decree on the application of the decree-holder to another Court. The grounds for transfer are enumerated in clauses (a) to (d) of section 39 of C.P.C. A decree can be transferred, if the person against whom the decree is passed is residing within the jurisdiction of such Court and that person has uc property within local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within local limits of the jurisdiction of such other Court.
6. ' Order XXI, rule 6 provides the procedure for sending the decree for execution to other Court.
7. ' In view of the above position, I am satisfied that the J.D. Is resident of Rawalpindi and has no property within the jurisdiction of this Court and no purpose will be served by keeping this execution pending in this Court, hence this application is allowed and the decree, dated 10-11-2003 passed in Suit No,172 of 2002 is transferred from this Court A to the Court of learned District Judge, Rawalpindi who may transfer the same to the Court having jurisdiction for execution in accordance with law.
8. ' Office is directed to send the certified copy of the decree along with certificate setting forth that the satisfaction of the decree has not been obtained by execution within the jurisdiction of this Court. Office is also directed to send certified copies of the orders passed in this execution application with regard to the arrest of J.D. Along with certified copy of the execution application filed by the D.H. For further implementation/execution of the decree. The D.H. Shall deposit the cost of the certified copies.
2. In view of the order passed at Serial No,1 above, this execution application stands disposed of.
9. The decree-holder is at liberty to file a B fresh execution in case of non-implementation of the decree by the Transferee Court.