LINGAM KRISHNA BHOOPATHI DEO GARU Vs. HONOURABLE SRI MIRZA SRI PUSAPATI RAJA OF VIZIANAGARAM AND KOVVURU BASAVI REDDI GARU

JUDGEMENT

(1.) Two grounds of appeal are pressed. It is contended (1) that the order of the District Court recognising the transfer of the decree by the Manager and agent of the estate of the Maharajah of Vizianagaram in favour of the 2nd respondent and allowing the latter to execute the decree was an order made without jurisdiction, the proper Court which should pass such an order in a case, which had gone up to the Privy Council in appeal from a decree of the High Court which confirmed the Original decree of the District Court, being the High Court;

(2.) That Mr. Fowler as Attorney of the Maharajah was not expressly authorized under the Power, namely Exhibit A, to transfer decrees obtained by his principal for less or indeed for any amounts.

(3.) No direct authority has been quoted in support of the first proposition. It is sought to be inferred from the language of Order 45, Rules 15 and 16 read along with Sections 38, 39 and 42 Civil Procedure Code. Reference has also been made in the arguments to the decision in Swaminatha Aiyar v. Vaidyanatha Sastri (1905) I.L.R. 28 M. 466, in which it was held that an application under Section 234 of the Code of 1882 (corresponding to Section 50 of the present Code) to execute a decree against the legal representatives of the deceased judgment-debtor must be made to the Court which passed the decree and not the Court to which it has been transferred for execution ; and the decision in Hurrish Chunder Chowdhry v. Kali Sunderi Debi (1882) I.L.R. 9 C. 482, is cited as an instance of the High Court disposing of a similar question arising in the execution of an order of Her Majesty in Council. But in my opinion the position of an Original Court which itself passed a decree against which appeals have been carried up to the Privy Council, when it receives the order of His Majesty in Council transmitted to it by the High Court, is not to be compared with the position of a court to which the decree of another Court has been transferred for execution. They are totally different positions.