JUDGMENT

1. This is an appeal by the decree-holder in an execution case. It appears that the appellant obtained a decree for Rs. 6,399-9-6 and costs Rupees 4-1-3 against the judgment-debtors. It further appears that on the application of the decree-holder the decree was split up into two parts and a certificate for the execution of one part of the decree, namely Rs. 1,500, was sent to the Subordinate Judge's Court at Dinajpur. The objection of the judgment-debtors was that the execution case was not maintainable inasmuch as the decree-holder had no right to split up the decree in this way. This objection of the judgment-debtors has been given effect to by the learned Subordinate Judge and the execution case has been dismissed. Hence the present appeal by the decree-holder.

2. Section 39, Civil P.C, lays down that the Court which passed a decree may, on the application of the decree-holder send it for execution to another Court. Evidently the section contemplates that the entire decree and not a part of it is to be sent for execution to other Court or Courts. There is no provision in the CPC under which a decree-holder who has obtained a decree can divide a decree into several parts a