Gaya Parshad (Decree-Holder) v. Bhup Singh (Judgment-Debtor).

Pearson and Oldfield, JJ.:— Referred the following question to a Full Bench, viz.:—

“Whether he (the District Judge) was competent to do so under the terms of S. 6, Act VIII of 1859, or S. 38, Act XXIII of 1861, or otherwise?”

OPINION OF THE FULL BENCH

[181] In our judgment the provisions of S. 6, Act VIII of 1859, are extended to miscellaneous proceedings, and inasmuch as we have this day held on a reference in the case of Harshankar Parshad that proceedings in execution fall within the term “miscellaneous proceedings” in S. 38, we reply that the Judge had power to transfer the proceedings in the case out of which this reference arose.