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1945 DIGILAW 314 (MAD)

M. Perumal Chettiar v. Avula Kotayya

1945-10-12

YAHYA ALI

body1945
JUDGMENT Yahya Ali, J. 1. The order of the learned Subordinate Judge against which this appeal has been filed proceeds upon the view that the District Munsiff, Narasaraopet, had no jurisdiction at all to entertain the execution petition that was filed in his Court on 6th January, 1942 either on the date of the filing of the execution petition or on 9th February, 1942 when the* same was rejected. In the course of the Judgment the learned Subordinate Judge while referring to the application made in the Small Cause Court on 10th December, 1941 for transmission of the decree states that that alone would not confer jurisdiction on the District Munsiffs Court Narasaraopet to execute the decree. He further states that the appellant had no right at all to present the application to the District Munsiff, Narasaraopet, before the order of the transmission of the decree (meaning presumably before the receipt of the order directing transmission) and that the lower Court rightly returned the application on 10th January, 1942 on the ground that the decree copy had not been received from the Small Cause Court, Madras. This view is opposed to the decision of a Division Bench of this Court in Ademma v. Venkata Subbayya AIR1933Mad627 There it was held that the transfer of a decree to another Court for execution comes into effect from the date when the order of transfer was made and when once the order of transfer is made the Court to which the decree is transferred has jurisdiction to entertain the application for execution, even though a copy of the decree has not been received by it. This decision has been followed in Venkatratnam v. Chennayya (1939) 50 L.W. 764