Question:medium

Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
Facts: A decision is given by court at New Delhi on a contractual matter against X in a suit between X and Y. X is resident of Maharashtra and he has properties in Maharashtra and Gujarat.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

Updated On: Jul 15, 2026
  • New Delhi court can transfer the proceedings to Court at Maharashtra only
  • New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also
  • New Delhi court can transfer the proceedings to court at Gujarat only
  • New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
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The Correct Option is D

Approach Solution - 1

Separate what the principle allows a deciding court to do from what it forbids. It forbids execution by a court that lacks territorial jurisdiction over the person or property involved, and it allows that same court to send the case onward to a court that does have such jurisdiction.

New Delhi decided the dispute but has no territorial link to X or his assets, so New Delhi executing the decision itself is ruled out immediately. The search then turns to which courts do have that link. X resides in Maharashtra, which covers jurisdiction over his person as well as property, and he separately owns property in Gujarat, which covers jurisdiction over that property on its own.

Since the principle only requires jurisdiction over the person or the property, not both together, Gujarat qualifying through property alone is just as valid as Maharashtra qualifying through residence and property. That gives New Delhi a choice of two transferee courts rather than one.

So the correct answer is New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat.

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Approach Solution -2

Asking what fact would need to change for each option to be correct highlights the gaps quickly.

  1. New Delhi court can transfer the proceedings to Court at Maharashtra only: This would be correct only if X had no property in Gujarat, but the facts say he does, so a second valid transferee court exists that this option omits.
  2. New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also: This would need New Delhi itself to have territorial jurisdiction over X or his property, but the facts place X and his assets entirely in Maharashtra and Gujarat, nowhere near New Delhi, so the requirement this option depends on is missing.
  3. New Delhi court can transfer the proceedings to court at Gujarat only: This would be correct only if X did not reside in or hold property in Maharashtra, but he does both, so this option leaves out a destination that already qualifies.
  4. New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat: No change is needed, X's residence and property in Maharashtra, and his separate property in Gujarat, already give two valid destinations exactly as the facts stand.

Since two courts already qualify without any change to the facts, and only one option reflects both, that option is the one that fits the scenario.

Therefore, the correct answer is New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat.

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