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Report No. 144

3.3.8. Recommendation.-

It is submitted that the Bombay view is the correct view. The use of "may" in section 39 does not mean that the court which passed the decree can execute the decrees irrespective of territorial limitations. The word "may" is meant for cases where there are circumstances in which execution as such is considered illegal. Any other view would totally upset the entire scheme of the code as to jurisdiction. It seems desirable to clarify the position by inserting an Explanation below section 39 to provide that nothing in the section shall be construed as authorising the court to execute a decree against a person or property outside the local limits of its jurisdiction. We recommend accordingly.

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