JUDGMENT

1. This is an appeal against an order of the Additional District Judge of Bankura, dated the 28th July 1906. The facts of the case are these. The Respondent had obtained a decree from the Small Cause Court. This decree was sent for execution to the regular Court of the District; and that Court ordered execution to issue. Against this order an appeal was preferred to the District Judge; and now a second appeal is preferred to this Court.

2. A preliminary objection has been taken by the Respondent, namely, that no second appeal lies, because the order of the District Judge was passed in an execution case in which the value of the decree is less than Rs. 500 and hence no appeal lies to this Court under sec. 686, C. P. C. We think that this objection must prevail; and we dismiss this appeal with costs, two gold mohurs.

3. The pleader for the judgment-debtor presents an application under sec. 622, C. P. C. He contends that no appeal lay to the District Judge in this case, because the decree to be executed was a Small Cause Court decree; and he therefore asks for a rule to show cause why the order of the District Judge should not be set aside, as made without jurisdiction. It is qu