MATRUMAL Vs. MADANLAL GOURISHANKAR

JUDGEMENT

(1.) THIS is a judgment -debtor's petition in revision against the appellate order of the learned Additional District Judge of Cuttack holding that the transferee Court had the jurisdiction to entertain the application in execution.

(2.) THE sole question for consideration in this case is whether the transferee Court has the jurisdiction to execute the decree in case the amount of the decree exceeds the limits of the pecuniary jurisdiction

(3.) THE learned munsif overruled the objection and held that the valuation of the suit being within the pecuniary limits of his Court, he had jurisdiction to entertain the application. The judg -ment -debtor Matru Mall filed an appeal against this order, and the learned Additional District Judge by his order dated 23 -12 -54 following the decisions of the Patna High Court reported in Am -rit Lal v. Murlidhar ILR 1 Pat 651: (ATR 1922 Pat 188) (A), and Mt. Anchahi v. Firm Brijmohan Lall Mad.an Lall AIR 1936 Pat 177 (B) in preference to a decision of the Allahabad High Court reported in Shanti Lal v. Jamni Kuer AIR 1940 All 331 (C) confirmed the order of the learned Munsif and dismissed the appeal. It is against this order that the present application is directed.