Judgement

Appeal (No. 34 of 1927) from a decree of the Court of the Judical Commissioner of Oudh (January 6, 1925) affirming a decree of the Subordinate Judge of Hardoi.

The appeal arose out of an application made by the appellant in 1924 for a declaration that proceedings against him in execution of a mortgage decree, obtained against his father in the Subordinate Court at Lucknow, were illegal and without jurisdiction. The decree had been transferred to the Court at Hardoi for execution, and upon the death of the judgment-debtor that Court, in August, 1920, after notice to the appellant, ordered that the execution should proceed against him. He contended that under s. 50, sub-s. 1, of the Code of Civil Procedure, 1908, the order could be made only by the Court which had made the decree.

The Subordinate Judge dismissed the application on the ground that the applicant having made to the Hardoi Court several applications in the proceedings had waived the objection.

The Court of the Judicial Commissioner on appeal, was of opinion that having regard to Order xxi., r. 22 (1.) (6), the order to proceed against the representative of the deceased judgment-debtor was properly made by the C