A transferee court does not cease to have jurisdiction to execute a decree transferred to it until it sends a valid certificate under Section 41, Civil Procedure Code.

Sahai, J.

1. This appeal by the judgment-debtors is directed against an order dated 22-8-1952, whereby the Subordinate Judge, First Court, Arrah, has dismissed their objection under Sec. 47, Civil P.C., in Execution Case No. 108 of 1950.

2. Shortly stated, the facts of the case are as follows; On 20-1-1950, a decree passed by the Privy Council in an appeal arising out of Suit No. 1282 of. 1926 of the Calcutta High Court was transferred by the Calcutta High Court to Arrah for execution. On 25-1-1950, Maharaj Kumar Kamal Singh and others, heirs and legal representatives of the decree-holders, filed an application before the Subordinate Judge, First Court, Arrah, for execution of the decree.

This, was numbered as Execution Case No. 7 of 1950. On 6-10-1950, that execution case was dismissed or part satisfaction. On 9-10-1950, the heirs and legal representatives of the decree-holders filed a fresh application for execution in the same Court. This was numbered as Execution Case No. 108 of 1950. On the 26-2-1952, the judgment-deters filed their objection under Sec. 47, Civil P.C. in Execution Case No. 108 of 1950 and that was numbered as Miscellaneous Case No, 6 of 1952. The Subordinate Judge, First Court, has dismissed this miscellaneous case and rejected the objections raised by the judgment-debtors. Hence the appeal.

3. One of the objections taken by the judgment-debtors before the Court below was that Execution Case No. 108 could not proceed because the Court at Arrah had become functus officio in view of the fact that it had already sent a certificate as required under Sec. 41, Civil P.C., to the transferor Court, i.e., the Calcutta High Court. The learned Subordinate Judge overruled this objection by saying that

"no certificate as contemplated under sec. 41 had been sent and at best a mere information was conveyed regarding part satisfaction."

4. The only point which Mr. D.N. Varma has seriously raised before us on behalf of the judgment-debtors-appellants is that a certificate in proper form was sent to the Calcutta High Court say the transferee Court at Arrah and hence that Court ceased to have jurisdiction to execute the decree on sending that certificate. He has produced before us a certified copy of the register of execution cases maintained in the First Court of Subordinate Judge at Arrah relation to Execution Case No. 7 of 1950.

This document shows that the execution case was dismissed on part satisfaction on 6-10-1950, and that the result of the execution case was sent on 18-9-1951. He has also produced a certified copy of a certificate dated 17-9-1951, which purports to have been sent under Sec. 41, Civil P.C., by the Subordinate Judge, First Court Arrah, to the Calcutta High Court, intimating that Execution Case No. 7 of 1950 had been dismissed on part satisfaction on 6-10-1950. Form No. (J)32 at page 161 of the General Rules and Circulars Orders, Civil, Vol. II has been prescribed by this High Court for certificates to be issued under Order 21, Rule 6(b), and also for certificate under Sec. 41, Civil P.C. On examining the certified copy of the certificate which Mr. Varma has produced, I find that it is in proper form.

5. It is well settled that the transferee Court ceases to have jurisdiction to execute a decree transferred to it when once it sends a valid certificate under Section 41. Appearing for the respondent, Mr. B.C. De has not contested this point. He has however contended that the certificate, a certified copy of which Mr. Varma has produced, is not a valid certificate, and the Arrah Court had no jurisdiction to issue it on the date on which it was issued, i.e., on 17-9-1951.

He has made the submission that the transferee Court is not required under Section 41 to certify to the transferor Court the result of any particular execution case and no certificate under that section could be issued by the Subordinate Judge, Fivst Court, Arrah, on 17-9-1951 when Execution Case No. 108 of 1950 was already pend