1. In this case the respondent, Thakur Prasad Mehra and Company, obtained a decree against the appellant, Prahalad Prasad Mahrotra, in Suit No. 3540 of 1949 in the Calcutta High Court in its Ordinary Original Civil Jurisdiction. The decree was transferred to the Muzaffarpur Court for execution on the 24th August, 1955. On the 24th February, 1956, a notice was issued by the Muzaffarpur Court under Order 21, Rule 52, Code of Civil Procedure. On the 15th March, 1956, the execution Case was dismissed for default. But on the 15th January, 1957, the decree-holder again applied to the Muzaffarpur Court for execution of the decree.

It was objected by the Judgment-debtor that the Muzaffarpur Court had no jurisdiction to execute the decree because the Muzaffarpur Court had communicated the result of the previous execution to the Calcutta High Court on the 16th March, 1956. The contention of the Judgment-debtor was that under Section 41 of the Code of Civil Procedure the Muzaffarpur Court had sent a certificate to the Calcutta High Court about the result of the execution and hence the Muzaffarpur Court had no jurisdiction to entertain a fresh application for execution of the same decr