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BISWAS, B. K. MUKHERJEA
Masrab Khan – Appellant
Versus
Debnath Mali alias Abhu Mali – Respondent
JUDGMENT
B.K. Mukherjea, J. - This appeal is on behalf of the decree-holder and it is directed against an appellate order of the Subordinate Judge, third Court, Mymensingh, dated 5th August 1939, reversing the order of the Munsif, First Court, Kishoreganj, made in a proceeding u/s 47, Civil P.C. The material facts lie within a narrow compass and are not disputed. The appellant obtained a mortgage decree against the defendants-respondents in the Court of the First Munsif at Kishoreganj and the decree was made final on 7th December 1932. The first application for execution was made on 3rd December 1935 and it was filed in the Court of the Second Munsif at Kishoreganj and not in that of the First Munsif which passed the decree, the ground alleged being that subsequent to the passing of the decree the particular area where the mortgaged property was situated was assigned to the Munsif, Second Court, u/s 13(2), Bengal Agra and Assam Civil Courts Act. This application was dismissed for default on 10th December 1935. The present application for execution was presented in the court of the First Munsif on 15th November 1938.
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