( 1 ) THIS Rule was directed against the order of the learned District Judge of Howrah, refusing an application made by the present petitioner, who has obtained two separate decrees for ejectment and has put them into execution in. two different Courts, for transferring the same to one of these Courts.

( 2 ) IT appears to us that whatever might have been said on the merits, the position in law is that such a transfer cannot be allowed under Section 24, Civil P. C. The relevant provisions of Section 24, Civil P. C. arc that the High Court or the District Court may withdraw any suit, appeal or other proceeding pending in any Court tubordinate to it and transfer the same for trial to any Court subordinate to it and competent to try or dispose of the same. The question is whether an execution proceeding is within the words "suit or other proceeding. " In several other High Courts, the view has been taken that an execution proceeding is really a part of a suit and consequently an execution proceeding can be transferred under S. 24, Civil P. C. (Vide 'muhammad Habib Ullah v. Tikam Chand', 47 All 57: (AIR 1925 All 276 (2) ) (A ). It appears, however, that no notice was tak