INDRA SINGH Vs. RAMCHARAN

JUDGEMENT

(1.) Heard.

(2.) This revision is filed by the judgment-debtor against whom a decree is passed by the Additional Civil Judge Class I, Gohad on 26-2-98. The Decree-holder filed an execution in the Court of Civil Judge Class-2, Gohad for executing the said decree. The petitioner-judgment-debtor has raised an objection about the maintainability of the execution proceedings before the Civil Judge Class 2, Gohad. The same objection is rejected by the executing Court by the impugned order against which this revision is filed.

(3.) According to the petitioner, since the decree is passed by the Addl. Civil Judge Class I, Gohad, the Civil Judge Class-2 has no jurisdiction to execute the decree. For this purpose, the counsel for the petitioner has relied on the provisions of Order 21, Rule 10, CPC, which lays down that an application for execution lies to the same Court which has passed the decree. The said rule reads as under :