NEWAZISH ALI KHAN Vs. RAJA BHANU PRATAP SINGH

JUDGEMENT

(1.) THERE was a decree for a largesum of money passed by the Civil Judge, Lucknow, on 14 -8 -1933. It was a simple money decree and various attempts were made to execute the decree. Both the judgment -debtor and the decree. holder died and on 10 -8 -1945, an application was made for substitution of names and for transmission of the decree to the Bahraich Court for execution. The prayer in the application is as follows :

(2.) CERTAIN objections were filed by the other side and these objections were dismissed by an order dated 23 -11 -1946. An appeal filed to the Chief Court was dismissed on 11 -9 -1950. On 12 -12 -46 a certificate under S.39, Civil P.C. was issued transferring the decree to the Court of the Civil Judge Bahraich for execution. The certificate was received in the Bahraich Court on 16 -12 -1946. On 30. 8. 47, an application for execution of the decree was filed in the Court of the Civil Judge, Bahraich, in which the prayer was as follows :

(3.) SECTION 39, C.P.C. provides for an application to be made to the Court for transfer of that execution to another Court within the jurisdiction of which the judgment -debtor has property. The entire property in the possession of the judgment -debtors was outside the jurisdiction of the Lucknow Court and was within the jurisdiction of the Bahraich Court. The judgment -debtors were also residing outside the jurisdiction of the Lucknow Court. No list of properties were given in the application filed on 10 -8 -1945, nor could the decree be executed against the person of the judgment -debtors representatives as the decretal amount had to be realized from the property left by the judgment -debtor who was dead.