GURUSWAMI CHETTIAR Vs. SUBRAMANIAM

JUDGEMENT

(1.) The Plaintiff in a suit Ref. V.M. No. 166 of 1970 initiated on the file of the Village Munsif, Koilur, is the Petitioner in this revision. The Respondent herein is the Defendant in the said suit. An ex -parte decree was passed in the suit which, as stated above, was instituted before the Village Munsif, Koilur, who is the Village Court within the meaning of the Madras Village Courts Act, 1889 (hereinafter referred to as the Act). The Plaintiff got the decree in that suit transferred to the District Munsif of Tirukoilur for levying execution by way of arresting the Defendant/judgment -debtor. The Defendant resisted the said execution petition, Execution Petition No. 214 of 1974 on the ground that the Koilur Village Munsif has no jurisdiction to entertain the suit and hence the decree of the Koilur Village Munsif is without jurisdiction and execution of the decree is incompetent. According to the Defendant, none of the conditions which would confer jurisdiction on the Koilur Village Munsif, obviously referring to Sec. 15 of the Act, is present in that, he, the Defendant, did not,, at the time of the commencement of the suit, resided, or carried on business, or personally worked for gain within the local limits of the jurisdiction of the Koilur Village Munsif.

(2.) The District Munsif, Tirukoilur, who considered the execution petition in the light of the objection of the Defendant found in substance that the ingredients of Sec. 15 of the Act are not satisfied and consequently held that the decree is void and is incapable of execution. As a result, the execution petition was dismissed. This revision is directed against the said orders of the District Munsif, Tirukoilur.

(3.) Mr. S. Narayana Ayyangar, learned Counsel for the Petitioner, submits that the District Munsif, executing the decree of the Village Court, cannot sit in judgment over the decree and hold that the decree is without jurisdiction and hence incapable of execution. The learned Counsel refers to the various provisions of the Act and in particular, Sec. 73 of the Act, and submits that the decree "of the Village Court not having been canvassed on the ground of want of jurisdiction under Sec. 73 of the Act has became final and in any event, the District Munsif, as the Court executing the decree, cannot consider this question in execution.