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1959 Supreme(Pat) 153

N.L.UNTWALIA
Dasrath Prasad Singh – Appellant
Versus
Baijnath Prasad Singh – Respondent


Judgment

N.L.Untwalia, J.

1. The point involved in this Civil revision application is whether an execution proceeding pending in one court can be transferred, under Sec.24 of the Civil Procedure Code, 1908, to another court. If so, whether that power should be exercised by me sitting as a revisional court against the decision of the Learned District Judge refusing to transfer this case. I shall shortly state the facts: The decree-holder-petitioners obtained a decree for possession and mesne profits in respect of certain properties situate in the district of Monghyr, in the year 1940. An appeal by the defendant-opposite party to the lower appellate court failed in 1944. His second appeal to this Court was dismissed on the 12th of January 1948. I need not mention about the various endeavours thereafter made to take the matter to the Privy Council and/or to the Supreme Court as they all failed and the defendant did not succeed in any one of them. In the year 1945 by notification No. 215A dated the 24th January 1945 the Government of Bihar established a new Court of Subordinate Judge at Begusarai.

The property in regard to which the decree was passed by the Monghyr court came to lie by



































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