ABDUL SATTAR Vs. MASURYADIN

JUDGEMENT

(1.) This appeal is by the judgment-debtor, against the order, dated 7-3-1960, passed by Sri H. D. Jha. Second Additional District Judge, Chhindwara, in Civil Appeal No. 11--B oi 1950, affirming the order, dated 18-11-1959, passed by Sri L. P. Agarwala, Civil Judge, Second Class, Sausar, in execution proceedings arising out of a transferred decree, passed by the Munsiff, Allahabad, in Civil Suit No. 233 of 1944, dated 22-12-1945.

(2.) The respondent, after obtaining a decree for Rs. 2774/9/- and costs amounting to Rs. 426/6/6 and interest at the rate of Rs. 4/8/- per cent per annum on" the decretal amount, filed an execution application in the Allahabad Court on 25-11-1948 and also prayed for transfer of the decree to the District Court at Chhindwara for the purpose ot execution as the appellant lives within the jurisdiction of that Court. By order, dated, 20-1-1949, the Court passed an order transferring the decree for execution to the District Court, Chhindwara. But in pursuance of the order, the decree was not sent to the District Court Chhindwara, nor was any Certificate of non-satisfaction under Order 21, Rule 6 of the Civil Procedure Code sent to Chhindwara.

(3.) The respondent filed another execution application in the Allahabad Court on 18-9-1951 and again prayed for transfer of the decree to the District Court, Chhindwara. The Allahabad Court, by order, dated, 4-11-1951, again directed the execution proceedings to be transferred to the District Court, Chhindwara. But, in pursuance of the order, the decree was not sent to the Chhindwara Court nor was any certificate of non-satisfaction sent in pursuance of the order.