JAHARLAL SADHUKHAN Vs. CHANDRA KANTA PAL

JUDGEMENT

(1.) This is an appeal against the order of the District Judge of the 24-Parganas affirming the order of the Subordinate Judge, fourth Court of Alipur, refusing the execution of a Small Cause Court decree on the ground that it is barred by limitation.

(2.) The appellants obtained a decree in the Presidency Small Cause Court on 4 December 1918. Their case is that on 11 August 1919 they made an application to the Small Cause Court Judge for transfer of the decree to the Hooghly District for execution and that by this application their application for execution made on 9 January 1922 was an application within-time. The lower appellate Court has held : firstly, that they have not proved that any application was made for transmission of the decree; and secondly, that the application was not in accordance with law.

(3.) As regards the first point : we think the learned District Judge was wrong in refusing to admit in evidence a certified copy of the proceedings of the Small Cause Court Judge which was filed at the appellate stage. Apparently in the first Court the fact that the application for transmission had been made was not seriously disputed. When the question arose before the appellate Court we think the learned Judge should have allowed the appellants to file this certified copy of a public document in order to prove that they had applied for transmission.