Lalit Mohan Sharma, J.

1. This appeal by the judgment-debtors raises a serious question as to the power of the Subordinate Judge, 1st Court, Patna, to execute the decree obtained by the respondent in the Court of the District Judge, Bharatpur.

2. The plaintiff decree-holder obtained a money decree for Rs. 17,313/- on 30-11-1970 from the District Judge, Bharatpur, and made a prayer for transfer of the same for execution to the District Judge of Patna which was allowed. He, however, did not file his execution case before the District Judge, Patna, rather he filed his execution petition before the Court of Subordinate judge, 1st Court, Patna, on the 12th June, 1971. In Column No. 5 of his execution petition, the decree-holder stated that the decree had been transferred from the Court of the District Judge, Bharatpur to the Court of the District Judge. Patna, and did not state that the same had been further transferred by the District Judge to the Subordinate Judge. It was further stated in the execution petition that the decree along with costs and interest had not been paid up by the judgment-debtors and, therefore, the decree-holder had got the same transferred to the Court