BAIJNATH PRASAD SINGH Vs. DASRATH PRASAD SINGH

JUDGEMENT

(1.) This is an application in revision by the judgment-debtor. The material facts are these: The opposite party obtained a decree for possession of the disputed lands and for costs from the Court of the Subordinate Judge, First Court, Monghyr. Thereafter, the decree-holders filed Execution case, No. 12 of 1950 in the same Court. On the 16th June 1953, the learned Subordinate Judge held that he had no jurisdiction to execute the decree and observed that the remedy of the decree-holders was to apply for transmission of the decree to the Court of the Subordinate Judge, Begusarai, by a regular petition. After the above order, the decree-holders applied before the learned District Judge, Monghyr, to transfer the execution case to the Subordinate Judge, Begusarai, and the learned District Judge, without issuing notice to the petitioner, ordered the execution case to be transferred to the Court of the Subordinate Judge, Begusarai.

(2.) Being thus aggrieved, the judgment-debtor has filed this civil revision. It is contended by Mr. Prem Lall for the petitioner that the provisions as to notice contained in Section 24 of the Code of Civil Procedure have been disregarded and the order for transfer made without notice was without jurisdiction.

(3.) The relevant provisions in Section 24(1) of the Code of Civil Procedure run as follows: