TAKHAT SINGH Vs. GANPAT SINGH

JUDGEMENT

(1.) THIS reference has been made by learned members of the Board of Revenue Rajasthan. The point in reference is very simple. The question involved is whether an application for the execution of a decree of a Civil Court can be presented in a Revenue Court. In the present case one Ganpat Singh obtained a decree against Takhat Singh from the Court of Munsiff, Sujangarh on 28-2-48. He presented an application for the execution of the said decree in the Court of the Civil Judge, Ratangarh but it was returned to the decree-holder by that court on 26-8-52 with an endorsement that it should be presented in a Revenue Court according to the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. The learned Judge did not refer to any specific provision of that Act but it appear that he was under an impression that the case was exclusively triable by a Revenue Court. Thereafter the decree-holder presented his application in the Revenue Court and ultimately the matter went in second appeal to the Board of Revenue. The learned members of the Board have held, and very rightly too, that the Civil Judge ought not to have returned the execution application and the revenue Court had no jurisdiction to entertain the same. It may be observed the according to sec. 38 of the Civil Procedure Code a decree of the Civil Court may be executed either by the court which passed it or try the court to which it is sent for execution. There is no provision of law entitling a decree-holder to present an application for execution of a decree of Civil Court in the Revenue Court. The Civil Judge therefore committed an error of law in return-ing-application to the decree-holder.

(2.) LEARNED counsel for both the parties and learned Deputy Government Advocate support the reference. It is, therefore allowed. The file be sent back to the Civil Judge, Ratan-garh with directions that the should proceed the matter according to law. .