SANKARAN NAIR Vs. ATCHUTHAN

JUDGEMENT

(1.) The question referred to us is whether a District Munsif, receiving by transfer a decree of a village Court under Section 66 of the Madras Act I of 1889 or withdrawing execution of a decree to his own file under Section 67, has or has not jurisdiction to transfer it for execution to another District Munsif's Court under Section 39, Civil Procedure Code.

(2.) The learned District Munsif in referring this question has pointed out the great practical inconvenience of a negative answer to it; and we fully appreciate the considerations he has referred to. It is, however, our duty to deal with the matter with reference to the law as it stands. Under Section 48. the decree shall be executed by the Village Court, which passed it, or by a Village Court or District Munsif, to whom it is sent for execution under the provisions hereinafter contained.

(3.) Under Section 66. any decree passed by a Village Court may, on the application of the decree-holder, be transmitted for execution to the District Munsif