GANESHILAL Vs. FAUJMAL

JUDGEMENT

(1.) THIS is an appeal by the decree-holder, Ganeshilal, against the order of the District Judge, Pali, dated the 16th Feb. , 1955.

(2.) THE facts giving rise to it are that the appellant obtained a money decree against one Faujmal Oswal resident of Bali and proprietor of a Joint Hindu family firm "faujmal Gulabchand" on 9th August, 1944, from the court of Sub-Judge, Beawar. He took out execution of that decree and then the learned Sub-Judge Beawar, transferred the same for execution to Civil Judge, Pali. THE Civil Judge, Pali accordingly started execution proceedings and service was effected on Faujmal s/o Gulabchand Porwal. He appeared in the transferee court and raised an objection that the decree was not passed against him, because he was not Faujmal Oswal against whom the decree was passed by the trial court. THE learned Civil Judge, Pali made an inquiry and came to the conclusion that the decree, was, in fact, passed against respondent Faujmal s/o Gulabchand Porwal and that he was mis-described in the original decree as Faujmal Oswal. Aggrieved by this Order dated 23. 9. 54, the respondent filed an appeal in the court of the learned District Judge, Pali. It was held by him that the court of the Civil Judge, Pali, being a transferee court, had no jurisdiction to enquire into the question whether the decree was passed against Faujmal Porwal. He, therefore, allowed the appeal and set aside the order of the Civil Judge, Pali dated the 23rd September, 54. It is against this order that the present appeal has been filed.