TILE BEHARANI Vs. KEVUTE RAGHUBEHARA

JUDGEMENT

(1.) On 1 April, 1936, the province of Orissa was constituted, and the Court of the Subordinate Judge of Berhampore has on and from that date, been a Court within the jurisdiction of that province. After that date the respondent who had obtained a decree against the predecessor-in title of the appellants in the Court of the Subordinate Judge of Berhampore at a time when the Court was within the Presidency of Madras and whose decree had been confirmed by the High Court of Madras filed an application to execute the decree, and filed it not in Berhampore but in the Court of the Subordinate Judge of Chicacole. The appellants contended that he ought to have filed his application in Berhampore, and as the learned Subordinate Judge has overruled their contention they have now appealed to this Court.

(2.) The law which has to be applied to these facts is found in Section 37 of the Civil Procedure Code. It is clear to us from a study of that section that (i) only one of the two Courts (Berhampore or Chicacole) is the proper Court to which application to execute must be made. (ii) that application must be made to Berhampore, the Court of first instance.

(3.) Unless the Court of the Subordinate Judge of Berhampore has either (a) ceased to exist or (b) ceased to have jurisdiction to execute the decree. The learned Subordinate Judge of Chicacole has held that the Berhampore Court has both ceased to exist and ceased to have such jurisdiction.