This second appeal against an appellate order of the Divisional Commissioner Kotah dated 14.7.1954 is bound to succeed. The decree in question was transferred to the Collector for execution by a civil court. An appeal against an order passed by the Collector in such execution proceedings would lie to the court where an appeal aginst the decree passed by the Collector would lie. As provided in sec. 42 of the C. P. C. the order of the executing court to which the decree is transferred for execution shall be "subject to the same rules in respect of appeals as if the decree had been passed by itself." It is clear that the attention of the lower court was not drawn to the provisions of this section. The learned Commissioner has referred to sec. 70 of the C.P.C, and seems to be under the impression that as no rules have yet been framed under this section it can have no application. This would not decide the forum for appeals passed by the executing court. Similarly a reference to sec. 18 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act has been wrongly made. The Rajasthan Revenue Courts (Procedure & Jurisdiction) Act, 1951, is silent on the point and hence the provisions of the C. P. C. would apply in the present case. We would, therefore, allow this appeal, set aside the order of the lower appellate court and remand the case back to it with the direction that the appeal filed before it be heard and disposed of on merits.