RAMAN NAMBOODIRI Vs. KUNHAYAMATH

JUDGEMENT

(1.) A. decree passed by the Court of Small Causes was pending execution. An application was filed for transferring the decree to the Munsiff's Court so as to enable the decree holder to proceed against the immovable properties of the judgment debtor. That application was dismissed. Consequently, the execution petition was also dismissed. The order is challenged in this Civil Revision Petition.

(2.) The decree obtained by the petitioner from the Court of Small Causes was for a sum of less than rupees three hundred with costs and interest. Petitioner made some attempts to execute the decree by proceeding against the judgment debtor in person as well as his movable properties. Having failed in such attempts, he filed the application for transferring the decree to the Munsiff's Court. It is contented that the transferring court should not have decided the question whether any future application is liable to be dismissed. The further contention is that the execution petition should not have, at any rate, been dismissed since the decree holder has not exhausted his attempts to execute the decree even in the court before which the execution was pending.

(3.) I have to decide first whether the decree passed by the Court of Small Causes could be transferred to the Munsiff's Court for execution. If that is not possible, it is unnecessary to consider whether the transferring court has the power to decide the question whether any application to be filed thereafter is liable to be dismissed as barred by limitation.