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After the Tiruppatur Sub Court passes an ex parte decree, the civil business relating to the area in…

Section 150 gives the court receiving transferred business the same powers and duties as the original court, subject to any contrary provision. In P. N. Kalathi Mudaliar v.…

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After the Tiruppatur Sub Court passes an ex parte decree, the civil business relating to the area in question is transferred to the newly constituted Vaniyampadi Sub Court. Which provision of the Code of Civil Procedure, 1908 gives the transferee court the powers of the transferor court to entertain an application under Order IX rule 13?

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Answer and explanation

Correct answer C

Section 150 gives the court receiving transferred business the same powers and duties as the original court, subject to any contrary provision.

In P. N. Kalathi Mudaliar v. Ellammal, the Madras High Court applied section 150 to an application under Order IX rule 13 after a transfer of territorial business.

The question assumes that the relevant court business was transferred.

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Option A

Section 37 identifies the court which passed the decree for execution purposes. This is a setting-aside application.

Option B

Section 141 applies suit procedure, so far as applicable, to civil proceedings. It does not confer the transferred powers.

Option C

Section 150 supplies the powers and duties accompanying a transfer of court business.

Option D

Section 24 confers a general transfer or withdrawal power. Section 150 supplies the powers of the court receiving transferred business.

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