Kanhaiya Singh, J.

1. This is an appeal by the judgment-debtor from the decision of the District Judge, Motihari, dated 1-12-1956, who in disagreement with the learned Munsif, held that the decree was not a nullity and allowed the execution to proceed.

2. The facts are these. The respondent instituted Money Suit 562 of 1953 against the appellant for recovery of Rs. 2244, principal and interest, on the basis of a promissory note. This suit was instituted in the Court of the Munsif, Motiliari. At the time of the institution of the suit Mr. Umakant Jha was the Presiding Officer. He had powers to try suits up to the value of Rs. 4,000/-. Having regard to the value of the suit Mr. Jha was competent to entertain and dispose of the suit. But before the suit was heard and decided, Mr. Jha was transferred and was succeeded by Mr. Bishwanath Prasad. The pecuniary jurisdiction of the latter extended up to Rs. 1000.00 only. By notification No. 303A dated 5-11-1954, he was soon vested with powers to try under the ordinary procedure original suits up to Rs. 4000/-in value arising within the local limits of the Motihari Munsif. A copy of this notification was sent to the District Judge of