GORDHANLAL Vs. C P INDUSTRIES PVT LTD

JUDGEMENT

(1.) THIS is a revision by the judgment-debtor against an order of the executing court (Civil Judge Dungarpur) holding that it has jurisdiction to execute the decree.

(2.) THE facts are these. A suit was instituted for the recovery of a sum of 6200/- in the court of Civil Judge, Khandwa. A decree for Rs. 4783-75 as principal was passed along with pendente lite and future interest and costs. THE total amount of the decree for which the present execution application has been filed in the court of Civil Judge, Khandwa is Rs. 10024-42. On the application of the decree holder, the execution was transferred by the Civil Judge Khandwa to the court of District Judge, Udaipur, who in turn transferred it to the court of Civil Judge, Doongarpur. Before the executing court (Civil Judge, Doongarpur), an objection was taken that it was not compentent to execute the decree as the amount of it exceeded its pecuniary jurisdiction which extends to Rs. 10000/- only. This objection was overruled by the executing court.