CHATURBHUJ MARWARI Vs. AWWALKER

JUDGEMENT

(1.) In this case it appears that an application was put in to the Deputy Commissioner of Singhbhum for execution of a. decree. The Deputy Commissioner's Office appears to have registered this application and then forwarded it by post to the Subordinate Judge of that district who was at that time sitting in Purulia. When the case came before the Subordinate Judge at Purulia, notice was issued under Section 248, C.P.C., to the judgment-debtor. This action apparently was all that was desired by the decree-holders. The judgment-debtor appeared and put in an objection in which he pleaded, among other matters, that the Subordinate Judge had no jurisdiction to. proceed with the execution. This was rejected by the Subordinate Judge and he passed the following order: "Judgment-debtor's objection disallowed. No further steps. Case dismissed for want of prosecution."

(2.) Against this order the judgment-debtor thought fit to appeal to the Judicial Commissioner of Chota Nagpur; and the Judicial Commissioner has come to the conclusion that the Subordinate Judge has no jurisdiction to deal with the application and that no further proceedings should be taken in the Court of the Subordinate Judge.

(3.) The decree-holders appeal to this Court and it certainly appears to us that the order of the learned Judicial Commissioner cannot be supported.