The transfer of a decree for execution to another Court does not divest the transferor Court of its jurisdiction to execute the decree.

Reuben, J.

1. This is a reference in an appeal from an original order of the Subordinate Judge, First Court, Chapra, dismissing an execution petition on the ground of limitation. The question referred to the Full Bench is:

"Whether, where a decree has been transferred for execution to another Court and the latter Court has not sent a certificate under Sec. 41, Civil P. C., an application for execution made to the former Court 15 an application to the Proper Court within the meaning of Article 182 (5) of the Limitation Act?"

The decree sought to be executed is a money decree for Rs. 5000 with future interest passed by the Additional Civil Judge, Banaras, on the 13th of August 1934. The decree was transferred for execution to the Subordinate Judge, first Court, Chapra. I give below the relevant dates after this order of transfer:

"2-9-36. An application for execution of the decree was filed be lore the Subordinate Judge, First Court, Chapra.

15-4-40. The execution case was dismissed as infructuous.

22-3-41. The decree-holders again applied for execution before the Subordinate Judge, First Court, Chapra.

26-8-41. The execution case was dismissed as infructuous.

23-3-41. The decree-holders applied for execution in the Court of the Additional Civil Judge, Banaras."

The order-sheet of the Banaras Court is somewhat obscure as to what happened after this. It appears from the order of reference that the Banaras Court directed the decree-holders to produce the certificate of non-satisfaction under Section 41 of the Civil P. C. from the Chapra Court. Finally, on the 3rd of November 1944, the execution was dismissed, one of the grounds of dismissal being the failure to produce the certificate of non-satisfaction. On the 30th of July 1946, the Banaras Court, on an application of the decree-holders, again transferred the decree for execution to the Chapra Court (apparently, in the meantime the Chapra Court had sent the non-satisfaction certificate to the Banaras Court), and on the 12th of August 1946 the decree-holders, applied for execution in the Chapra Court, On the objection of the judgment-debtor, Subordinate Judge dismissed the application as time-barred, holding that the final order on the application for execution filed on the 23rd March 1944 did not save limitation as the Banaras Court, in the absence of the certificate of non-satisfaction, had no jurisdiction to entertain the execution petition. He based his decision on RAMESHWARLAL V/s. TILOKECHAND, 23 Pat 729 and BHISHUNDEO NARAIN V/s. RAGHUNATH PRASAD, 19 Pat 354. Their Lordships have made this reference because they felt doubtful about the correctness of these decisions.

2. I reproduce below the relevant portion of Article 182 (5) :

"Description of application: For the execution of a decree or order of any civil Court not provided for by Article 183 or by Sec. 48 of the Civil P. C., 1908 (V (5) of 1908) Period of Limitation: Three years; or, where a certified copy of the decree or order has been registered, six years. Time from which period begins to run: * * * * *

5. (Where the application next hereinafter mentioned has been made) the date of the final order passed on an application made in accordance with law to the proper Court for execution, or to take some step in aid of execution of the decree or order.

* * *

Explanation II: Proper Court means the Court whose duty it is to execute the decree or order."

The words in square brackets (here in single inverted commas) were substituted in 1927 for the word "applying".

3 For answering the question which has been referred to us, we have to consider two points:

1. Whether, after transferring a decree for execution by another Court and before receiving the certificate of non-satisfaction, the transferor Court retains any power to execute the decree? That is to say, does the Court which passed the decree divest itself of its power to execute the decree by transferring the decree for execution by another Court?

2. Whether, s