BHUKAN LAL Vs. ISHWAR DAYAL SINGH

JUDGEMENT

(1.) This revision by the decree-holder under Section 115 C. P. C. is directed against a judgment and decree of tha learned Civil Judge, Moradabad, whereby he upheld in appeal, a judgment and decree of a learned Munsif of that plac'e, dismissing the execution application filed by the applicant.

(2.) It appears that the applicant obtained a money decree against the opposite party from the Court of the Judge, Small Causes. He got that decree transferred to the Court of Munsif, as he wanted to realise his amount by the attachment and sale of the opposite-party's immovable property, and some immovable property of the latter was also attached. Thereupon the judgment-debtor filed objections, inter alia, on the ground that having regard to the amended provisions of Section 42 C. P. C. the learned Munsif did not have the power to attach immovable "property for execution of the decree of the Court of judga Small Causes. The objection found favour with the Executing Court and the execution application was struck off. The applicant went "up in appeal to the lower appellate Court and the latter holding itself bound by the decision in Karam Chand v. Gur Dayal, 1960 All LJ 352 : (AIR 1960' All 512) affirmed the decision of the Executing Court and dismissed the appeal. Hence this application in revision by the decree-holder.

(3.) The revision was originally heard by our brother Mithan Lal, who finding some difficulty in subscribing to the view taken by brother Dhawan in Karam Chand, 1960 All U 352 : [AIR 1960 All 512) (Ubi SupraJ, referred this case to a larger Bench. It is in these circumstances that this application has come up before us for disposal.