(1.) This is an execution first appeal by the judgment-debtors against an order D/- 8 September 1936 by the learned Civil Judge of Allahabad dismissing their objection to execution of a decree. There were two points of objection taken before the Gourt below but learned Counsel for the appellants before us states that he confines his objection to the point that the Court below had no jurisdiction after its order of 14 November 1932. The learned Civil Judge of Agra had decreed a suit on a simple mortgage and the execution of that decree was transferred to the. Civil Court of Allahabad under the provisions of Section 39 of the Code. It is laid down in Order 21, Rule 6 that the Court sending a decree for execution shall send : (a) a copy of the decree; (b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within the jurisdiction of the Court by which it was passed or partial satisfaction had been obtained, and the extent and what part of the decree remained unsatisfied. Now as regards the Court to which a decree is sent for execution it is provided as follows in Section 41: The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure.
(2.) In regard to this section this High Court has made a further rule in Order 21, Rule 104 as follows: When the certificate prescribed by Section 41 is received by the Court which sent the decree for execution, it shall cause the necessary details as to the result of execution to be entered in its register of civil suits before the papers are transmitted to the record room.
(3.) There is, further, in the General Rules (Civil) of 1934 for Courts subordinate to the High Court of Judicature at Allahabad, Vol. 2, p. 59, a list of printed forms authorized by the High Court of which No. 6 on the list is "Certificate of execution of decree transferred to another Court ( Section 41)." Therefore when the Court at Allahabad desired to comply with the provisions of Section 41 it would direct the preparation of the certificate under that section and when such a certificate was prepared it would be sent to the Court at Agra. It is to be noted that Section 41 states that the Court to which a decree is sent for execution shall certify to the Court which passed it not merely that it shall make an order that such a certificate shall be prepared. Now the decree in question had been one for instalments on compromise. There was a sale fixed by the Allahabad Court for 14 November 1932 and on 12 November 1932 the judgment-debtor made an application to the Court at Allahabad for adjournment to April 1933 stating that he had paid Rs. 3996 and that the decree-holder consented to this extension of time. In the ordinary course this application would have been granted, but at that period the rules of this High Court required that for cases of execution of decrees which were pending over one year explanation should be sent containing a copy of every order passed and the explanation of the delay. The Court below appears to have been anxious to avoid the further submission of this explanation form every six months and accordingly it refused to adjourn the case on the ground that the case was an old one in its order of 12 November 1932 and the order suggested that if the decree-holder consented to time being granted the decree-holder could get the present execution case struck off.