(1.) THE appellant instituted a suit in a Village Munsif's Court which had no jurisdiction; and a decree was passed. In execution, he sought to proceed against the property of the defendant. Various objections raised by the defendant to the execution of the decree were overruled and execution ordered to proceed. In appeal to the Court of Subordinate Judge, a question was taken as to the jurisdiction of the Village Court; and it was held that since the suit was instituted in a Court having no territorial jurisdiction, the decree was a nullity and could not, therefore, be executed. The appeal was, therefore, allowed and the execution petition dismissed.
(2.) IN revision, various contentions have been raised. The only argument of substance is that the lower appellate Court was wrong in holding that the decree was a nullity. The learned Subordinate Judge overlooked the provisions of Section 21, Civil P. C., which says :