BADAMI Vs. ANAND BHANWAR BANK

JUDGEMENT

(1.) THIS is a judgment debtors' appeal and arises out of an execution proceeding. A decree for a some of Rs. 2817/2/6 was obtained by the respondent Anand Bhanwar Bank, Karauli against the appellants Mst. Badami and Ramjilal from the court of the Munsif, Karauli who, according to the Matsya Civil Court Ordinance which was then in force, had power to hear suits upto the valuation of Rs. 3000/ -. The decree-holder filed an execution application in the Court of the Munsif, Karauli. However, in July, 1950, Matsya Civil Courts Ordinance was repealed by the Rajasthan Civil Courts Ordinance according to which the powers of the Munsif were limited to the suits of the valuation of Rs. 2000/ -. The Munsif thought that he had no longer any power to execute the decree and transferred it to the court of Civil Judge, Karauli, who had jurisdiction over suits above Rs. 2000/- within his territorial jurisdiction. Thereafter, the court of Civil Judge, Karauli was abolished and its jurisdiction was transferred to the court of Civil Judge, Gangapur. The case was, therefore, sent to the Civil Judge, Gangapur and on the 4th of July, 1950, notices were issued to both the parties to appeal in his court. An objection was filed under sec. 47 of the Civil Procedure Code by the judgment debtors in the court of Civil Judge, Gangapur in which it was submitted that the Civil Judge had no jurisdiction to execute the decree. The learned Civil Judge held that although the Munsif of Karauli had jurisdiction to execute the decree, yet because he too was empowered to hears suits above the valuation of Rs. 2000/- and Karauli was within his territorial jurisdiction, the decree could be executed in his court also. He also held that the objection was belated and could be taken to have been waived by the judgment debtors. On this view he dismissed the objection.

(2.) THE judgment debtors went in appeal to the court of District Judge, Bharatpur who agreed with the Civil Judge and dismissed the appeal. Now the judgment (debtors have come in the second appeal.