Abdulla Sahib And Another Petitioners v. Ahmed Hussain Sahib .

1. The learned District Judge refers to Section 39, Clause (2) of the CPC, as supporting his view that the High Court could transfer its decree for execution only to a competent Court (that is, competent in respect of pecuniary jurisdiction). But the learned District Judge has omitted to notice that S. 39, Cl. (2), refers only to cases where a Court passing a decree sends it “of its own motion” to a Subordinate Court for execution. S. 39, Cl. (1), is the provision which is applicable to the present case, 4the decree having been sent for execution to another Court on the application of the decree-holder. In respect of a decree so sent on application, the question of competence by jurisdictional value of the Court to which the decree is sent does not arise: see Narasayya v. Venkata Krishnayya(1), Shanmuga Pillai v. Bamanathan Chetti(2) and Syed Gulam Gause Shah Sahib v. Sunni Lal Agarwala(3).

2. We set aside the District Judge's order in appeal quashing the proceedings of the District Munsif, the said order having been based on the untenable ground that the District Munsif had no jurisdiction to execute the decree, and we direct the District Judge to re-hear the appeal before him having regard to the above observations.

3. The respondent will pay the appellant's costs of this appeal. The other costs will be costs in the cause.

S.N/R.K

4. Order set aside.