BINDRABAN KANHAIYALAL AGARWAL Vs. KASTURILAL NYHALCHAND SODI

JUDGEMENT

(1.) THE only question raised in this appeal is whether the City Civil Court at Bombay has jurisdiction to execute a money decree transferred to it for execution by another Court when the total decretal amount to be recovered in execution exceeds the amount of Rs. 25,000 which is the pecuniary jurisdiction of the City Civil Court.

(2.) IN Civil Suit No. 7B of 1952 decided by the Civil Judge No. I, Yeotmal, the plaintiff decree -holder obtained a decree for payment of Rs. 17,118 -90 on August 22, 1956. The amount was payable with interest at 12 per cent, per annum from November 4, 1952 till realisation. The figure of the amount due from the defendants ultimately swelled to Rs. 35, 763.31 P. and under Section 39 of the Code of Civil Procedure the decree was transferred to the City Civil Court at Bombay by the Yeotmal Court.

(3.) MR . Tulsian on behalf of the appellant contends; that the learned Judge was bound to follow the decisions of this Court in Shri Sidheshwar Pandit v. Shri Harihar Pandit ILR(1887) Bom. 155 and Rustomjee Sorabji v. Mahadev Chintaman : AIR1940Bom277 and should have held that Section 3 of the Act did not come in the way of entertaining the execution proceedings. The learned Judge of the City Civil Court had also relied on a similar decision given by him in Shamrao Pagaji Kapagate v.Umashankar Ganpatlal Asati (1970) Bhandara Civil Suit No. 15 -B of 1958, decided by H. Suresh Judge, City Civil Court, at Bombay, on February 27, 1970 where he preferred to follow the decision of the Allahabad High Court in Kedar Nath v. Chhajju Mal : AIR1962All586 .