1. I am of opinion that the Subordinate Judge has acted without jurisdiction in this matter. A decree passed by the Court of Small Causes of Agra was transferred for execution under Section 39 of the CPC to the Court of the Munsif of Agra. The Munsif book proceedings and finally dismissed the application for execution maintaining attachment of a house The Munsif then certified the result of execution proceedings under section 41 be the Court of Small Causes. After this the appellant purchased the house. The decree-holder subsequently applied afresh be the Court of the Munsif for execution and the appellant objected. The Munsif held that the house having been pruchased during attachment the appellant could not stop the claim of the decree-holder by virtue of his own sale-deed. On appeal in was pointed out be the District Judge that the Munsif had no jurisdiction because he had certified the result of the execution proceedings be the Court of Small Causes under section 41. The learned District Judge held that the procedure was incorrect and dismissed the appeal.
2. However incorrect the procedure may be, the Munsif after having certified the result of execution proceedings under section 41, had no jurisdiction be deal with the matter. The application for execution must now lie be the Court which passed the decree. In may be pointed out that there is a mistake in the heading of the form, certificate of execution of decree transferred to another Court (Appendix E. No. 5, Code of Civil Procedure). The reference in brackets after the heading should be section 41 and not Order 21, rule 6. The attention of the Registrar of this Court will be drawn to this mistake.
3. The mistake is in the form prescribed by the Act itself and has been followed in the forms printed by the High Court No. 32-xx. In Maharaja of Bobbili v. Narasaraju Peda (1) in was held by the Privy Council that the proper Court to which an application for execution lay was the Court to which the decree was transferred under section 39 until the Court be which the decree was transferred issued a certificate under section 41 and returned the copy of the decree to the original Court. That ruling referred to corresponding emotions of the previous Code of 1882. In is clear therefore that the Court to which the decree is transferred under section 39 has jurisdiction only up to the time that it issues the certificate prescribed by section 41. That stage was passed in this case whether the certificate was issued rightly or wrongly After the issue of the certificate the Court of the Munsif ceased to have jurisdiction.
4. I pronounce no opinion as be the effect of continuation of the attachment of the house on a proper application for execution being presented to the Court of Small Causes and a fresh transfer of the decree is made be the Court of the Munsif.
5. I set aside the decree of the two Subordinate Courts and dismiss the decree-holder's application for execution, dated 11th September, 1923. The respondents were not represented. This order is passed ex parte. The appellant shall receive his costs in this Court and the Court below.
6. Appeal allowed.