RAGHAVAN, J. :- This Letters Patent Appeal filed with the leave of Venkatadri, J., in the first instance came up for hearing before my Lord, the Chief Justice and myself, and we felt that the judgment of Venkatadri, J. who reversed the judgments and decrees of the Courts below failed to appreciate the distinction between two lines of cases dealing with the power of transfer of a proceeding under Sections 24 and 39, Civil P.C. and the entire case was placed before the Full Bench. The facts of the case are as follows.

2. The appellant obtained a money decree against the respondent in O. S. 73 of 1949 on the file of the District Munsif's Court, Ottapalam. The respondent (judgment-debtor) owned properties in Tirunelveli Dt. On the application of the decree-holder the decree was transferred to the District Court, Tirunelveli, for execution. In the District Court, Tirunelveli, he filed E. P. 14 of 1952 and attached certain properties lying within the territorial jurisdiction of the Tirunelveli Judicial District. Subsequent to the attachment the execution petition was transferred to the Sub-Court, Tirunelveli, for further execution and the said petition was numbered as E. P. 12 of