BHARGAVA, J.—This civil execution appeal raises an interesting question. Though secs. 37, 38, 39 and 150 of the Code of Civil Procedure have been discussed in so many decisions, learned counsel for the parties have not been able to bring to my notice any decision which is directly applicable to the facts of the present case.

2. The appellants-decree-holders instituted a suit for recovery of money in the Court of Munsif. Shahpura, within whose jurisdiction the cause of action arose and the defendants had their residence. It seems that because of the heavy work on the file of the Munsif, Shahpura, this was transferred for disposal by order No. 1328 dated 26-7-55 (see Order-sheet dated 8-8-55 Civil Suit No. 293 of 1954) of the District Judge, Jaipur District to the Court of Munsif at Kotputli where a a decree was passed in favour of the appellants on 5th January, 1956. The appellants straight-away levied execution in the Court of Munsif, Shahpura, praying for the attachment and sale of judgment-debtors shop and Chobara and thereafter for the rateable distribution of the sale proceeds held by the Court in execution of their other decree. Notice of the execution application was issued to

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