KARAM CHAND Vs. GUR DAYAL

JUDGEMENT

(1.) This is a decree-holder's second appeal against an order of the learned Civil Judge, Agra, upholding the judgment-debtor's objection to the execution of his decree. It raises an interesting question of law relating to the effect of the recent amendment of Section 42 C. P. C. The facts of the case are these:

(2.) The decree-holder Karam Chand obtained a decree for Rs. 58.0/- with costs against GUR Dayal from the Judge Small Cause Court, Agra. He wanted to execute it by attachment of some immovable property of the judgment-debtor. As the Small Cause Court is debarred by Order 21 Rule 82 and Order 50 Rule 1 C. P. C., from proceeding against immovable property in execution of decrees, the appellant Karam Chand obtained a transfer of his decree to the Court o the Munsiff, Agra, and secured from that Court an order of attachment against some immovable property belonging to the judgment-debtor. The latter, however, objected that, in view of the amendment of Section 42 C. P. C. by the State Legislature, the Munsiff Agra had no jurisdiction to proceed against immovable property. The objection was upheld by the execution Court and also in appeal by the learned Civil Judge. The decree-holder has now come to this Court in second appeal.

(3.) The powers of an execution Court are defined in Section 51 of the C. P. C. On the application of the decree-holder, the Court can order execution of the decree (1) by delivery of any property specifically decreed, or (2) by attachment and sale or by sale without attachment of any property, or (3) by arrest and detention of the judgment-debtor in prison, or (4) by appointing a receiver; or (5) in such other manner as the nature of the relief granted to the decree-holder may require. Order 21 Rule 82 of the Code says that the sale of immovable property in execution of the decree may bs ordered by any Court other than a Court of Small Causes. Order 50 Rule 1, inter alia, enjoins in effect that the rules relating to the execution of the decrees against immovable properties shall not extend to the Courts of Small Causes. The combined effect is to debar Courts of Small Causes from levying execution against the immovable properly of a judgment-debtor.