CHANDI PRASAD PATHAK Vs. SADANAND PATHAK

JUDGEMENT

(1.) These are two connected Special Appeals that arise out of execution matters. They involve common points and can therefore be disposed of together.

(2.) The appellant is the decree-holder. He obtained decree No. 2331 of 1933 from the Court of the Judge Small Causes at Gorakhpur on the 30th of August, 1933. Another decree No. 1142 of 1933 had also been obtained by him from the same Court. This latter decree had been transferred for execution to the Munsif of Bansgaon and an execution application in respect of it was pending in that Court. The decree NO. 2331 of 1933 was also transferred to the Court of the Munsif of Bansgaon and an application to execute it was filed in that Court. On the 17th of September, 1941, the decree-holder made a statement before the Munsif of Bansgaon that his execution application in respect of decree No. 1142 of 1933 be struck off though attachment of the attached properties may continue. The execution application was accordingly struck off and it was directed that the attachment might subsist. On the same day another order was passed in respect of the application for execution made for executing decree No. 2381 of 1988 and that application too was struck off. After the two execution eases had thus ended in the Court of the Munsif of Bansgaon by the order dated the 17th of September, 1941, the records were sent back to the Judge Small Cause Court of Gorakhpur. On the 16th of October, 1941, the Munsarim of the Small Cause Court Judge of Gorakhpur directed that the papers be consigned to the record room.

(3.) On the 14th of October, 1944, the appellant got the two decrees again transferred to the Munsif of Bansgaon and filed applications for their execution. The application were ultimately rejected.