- (1.) FOR alleged violation of an interim order in Civil Rule No. 622 (W) of 1905, there was an order for payment of costs, assessed at 20 gold, mohuis, made on january 18, 1966, against respondent no. 1, Muktaram Naskar and in favour of the present petitioners named Dulal nath and Kalinath. The costs have not been, it is said, paid by the respondent no. 1 abovenamed.
(2.) THE instant application is one for transfer of the order for payment of costs, to the third court of the munsif at Basirhat for execution by that court, on the ground that the respondent no. 1 judgment-deb tor resides and has properties within the jurisdiction of the third court of the Munsif at Basirhat. Now, under section 39 of the Code of Civil Procedure, " (1) That court which passed a decree may, on the application of the decree-holder, send it for execution to another court, - (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other court, or (b) if such person has not property within the local limits of the jurisdiction of the court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other court, (c) * * * * (d) if the court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other court. (2) The court which passed a decree may of its own motion send it for execution to any Subordinate court of competent jurisdiction. "
(3.) THE procedure to be adopted in cases where the court desires that its own decrees shall be executed by another court is to be found in order 21, rule 6 of the Code of Civil Procedure.;