SURYANARAYAN AGARWALLA Vs. MAHESWAR KEOL

JUDGEMENT

(1.) This is a second miscellaneous appeal from an order of the learned District Judge, L. A. D., dated 2nd March 1949, by which he set aside an order of the learned Subordinate Judge, Lower Assam Districts, dated 13th December 1947, in M'. Ex. Case NO. 9 of 1947, entertaining an execution application in regard to a decree which had been passed by the Sadar Munsiff of Gauhati, having jurisdiction to try suits up to Rs. 2000, but who was succeeded by a Munsiff who had jurisdiction to try suits up to Rs. 1000 only.

(2.) In due course the decree-holder sought to execute the decree by filing an application before the successor Munsiff who took the view that as the decree sought to be executed was for a sum exceeding his pecuniary jurisdiction in the matter of the trial of suits, he was not competent to execute the decree, and returned the application for presentation to the proper Court. The decree-holder did not appeal against the order of the Munsiff of Gauhati and elected to file the execution application before the Subordinate Judge of Gauhati. The judgment-debtor objected to the execution of the decree by the Subordinate Judge contending that as he had not passed the decree, he was not competent to execute it. The learned Subordinate Judge disallowed the objection.

(3.) Against the order of the learned Subordinate Judge, the judgment-debtor filed an appeal before the District Judge who set aside the order of the learned Subordinate Judge, relying upon a decision of the Calcutta High Court reported in Aldus Sattar v. Mohinimohan Das, 1933 AIR(Cal) 684.