Sundar Singh (Judgment-Debtor) v. Doru Shankar And Others (Decree-Holders).

Edge, C.J and Banerji, J.:— An application was made to transfer a decree for execution to another Court. An order for transfer was made and the certificate was duly transmitted. Thereupon the decree-holder applied to the Court to which the certificate had been sent for execution of the decree. Execution was, in fact, barred by that time by reason of s. 230 of the Code of Civil Procedure. However, the Court held that s. 230 could not be applied, as the application to transmit the decree had been made within time. As a matter of fact the Court was wrong. The making of an application to transmit the decree and the making of an order thereon did not suspend the operation of s. 230. The Court made an order for execution. We are clearly of opinion that order was wrong and in contravention of s. 230 of the Code. But we are unable to distinguish the principle to be applied in this case from the principle applied by their Lordships of the Privy Council in Amir Hassan Khan v. Sheo Baksh Singh, and which was also applied by a Bench of this Court in Sarman Lal v. Khuban. Consequently, we are reluctantly compelled to hold that we cannot entertain this application under s. 622 of the Code of Civil Procedure to revise an order which in our opinion was bad in law, as the Court had jurisdiction to consider whether s. 230 of the Code did not apply. We dismiss this application, but we make no border as to costs.

Application dismissed.