1. In this case the District Judge of Gaya issued process for execution on an application which had been properly made to him. He issued it to the Subordinate Judge of Palamau at Ranchi. That officer has now taken an objection that it should not have been forwarded direct to him but that it should have been sent to the Judicial Commissioner of Chota Nagpur in order that he might send it on to him. He therefore refused to proceed in the matter. In doing this the Subordinate Judge has acted erroneously, for if he had not jurisdiction to deal with the matter, he should have returned the papers to the District Judge of Gaya in order that he might adopt the correct procedure. The order that he made dismissing the application is therefore wrong and we set it aside.
2. It becomes his duty now to do what he ought to have done before, namely to send the papers back to the District Judge of Gaya in order that he may correct his mistake by sending them to the Judicial Commissioner. The appeal is accordingly allowed, the order of the Subordinate Judge is set aside and the case is remitted to the Subordinate Judge of Hazaribagh, Ranchi Palamau, in order that he may act in accordance with the observations we have made.
3. In view of the decision we have just given in this appeal, it is unnecessary that we should deal with the rule. The rule is accordingly discharged.
4. Let the record be sent down to the lower Court as soon as possible.
V.B/R.K
5. Appeal allowed.