BHARGAVA, J.—This is an appeal by the decree holders against the decision of the learned District Judge, Bharatpur dated 15th December, 1953 affirming the order dated 20th July passed by the learned Civil Judge, Dholpur.

2. It appears that Dhaniram Sitalprasad and Ayodhya Prasad ancestors of the appellants obtained a decree on 25th February, 1924 for a sum of Rs. 3039/11/3 against one Talib Hussain in whose place the names of the present respondents have been substituted as his legal representatives.In execution of the decree some properties were auctioned and out of the sale proceeds the decree holders were paid Rs. 9041/4/3. The decree was declared satisfied and the execution proceedings were struck off. On 27th January, 1953 respondent learned Civil Judge overruled those objections and ordered that Rs. 1309/-/5 be refunded to the judgment debtor which has been paid in excess. On "appeal the learned District Judge, Bharatpur affirmed the said order and hence this second appeal.

3. It has been contended in this Court that:

(i) as the decree had been fully satisfied and the execution case struck off the executing court had become functus officio and had no jurisdiction to entertain th

Click Here to Read the rest of this document