JUDGMENT

1. This appeal is directed against an order of dismissal made on an application for execution of a decree against a surety. The decree was made by this Court on the 23rd January 1917 in a first appeal in a suit valued at more than Rs. 5,000. It is plain that an appeal against an order in execution of such a decree lies not to the District Judge but to this Court. The order of the Subordinate Judge was made on the 3rd March 1920, and an appeal was presented to the District Court on the 1st April 1920. The District Judge dismissed the appeal on the 10th July 1920. Thereupon the present appeal was lodged in this Court on the 11th September 1920 against the order of the District Judge whereby he had affirmed the order of the Subordinate Judge. No preliminary objection was taken to the appeal presented to the District Judge and nobody discovered that the appeal was' incompetent. Indeed, in this Court also, the point was not mentioned till the respondent was called upon to answer the argument advanced on behalf of the appellant. It is plain that the order of the District Judge was made without jurisdiction and that this Court must now set aside that order and substitute therefor