The transfer of a decree for execution to another court does not deprive the transferor court of its jurisdiction to execute the decree. The transferor court retains jurisdiction to execute the decree except to the extent that the jurisdiction to execute the decree has been given to the transferee court.

G. K. MISRA, J.

( 1 ) THE decree-holders are the appellants. They obtained a decree against the judgment-debtor (respondent) on 29-9-1951 in Money Suit No. 16 of 1950 in the court of the Civil Judge, Jhunjhun in Rajasthan, and the decree was confirmed in 1954 in the Court of the Subordinate Judge of Sambalpur in Execution case No. 28 of 1954, which was dismissed on part satisfaction on 31-3-1955. The present Execution case No. 29 of 1959 was filed in the Court of the Subordinate Judge of sambalpur on 14-5-1959. From 31-3-1955, the date of disposal of Execution case no. 28 of 1954, till 14-5-1959, more than three years have elapsed in between these two dates, the decree-holders filed execution Case No. 188 of 1956 on 9-456 and Execution case No. 465 of 1958 on 8-9-1958 in the Court of the Civil judge, Jhunjhun, which were respectively dismissed on 16-10-1956 and 23-21959.

( 2 ) THE judgment-debtor filed an objection under Section 47 C. P. C. The entire objection petition is couched in 4 paragraphs. Paragraphs 1 to 3 merely give statements of fact. In paragraph 3 it is admitted that the decree-holders obtained a certificate of non-satisfaction from the Court at Jhunjhun on 23-2-59 whereafter execution case No. 29 of 1959 was filed in the Court of the Subordinate Judge of sambalpur. The substantive objection in paragraph 4 is-

"that the petition under Order 21 Rule 6 was filed after a lapse of three years and as such the step in aid of execution was clearly barred by time. "

Order 21, Rule 6, C. P. C. merely prescribes that the Court sending a decree for execution shall send a copy of the decree, a certificate of non-satisfaction and a copy of the order for execution etc. It is difficult to appreciate the exact nature of the objection in paragraph 4 of the petition,

( 3 ) BEFORE the learned Subordinate Judge the judgment-debtor's objection was presented as-

"sri B. Das, Advocate for the judgment-debtor urged that non-satisfaction certificate for the instant case has been filed but none such was filed for starting Ex. Case No. 465 of 1958 at Jhunjhun. . . . . . . . . . . . " this objection was overruled by the learned Subordinate judge. Before the learned district Judge, the objection was presented in the shape-"that the Jhunjhun Court had no jurisdiction to entertain the said execution case No. 188 of 1956 without obtaining a certificate under section 41 C. P. C. from the transferee court of Sambalpur. "

Placing reliance on Nagi Reddi v. Kotamma, AIR 1947 Mad 431, the learned district Judge held that so long as a certificate of non-satisfaction was not given by the transferee court the jurisdiction was retained by it and that the transferor court had no jurisdiction to entertain an application for execution. He accordingly held that the Ex. case No. 188 of 1956 in the Jhunjhun Court was without jurisdiction and was to be ignored. He did not make a reference to Execution case no. 485 of 1958 in the court of Jhunjhun. Apparently ha must have been of opinion that the same argument would apply to that execution case. After ignoring both the intermediate executions in the Court of Jhunjhun, he came to the conclusion that the present execution case was barred by time. The miscellaneous appeal has bean filed against the order of the learned District Judge.

( 4 ) THE learned district Judge's view may be examined with reference to an illustration. Supposing the judgment debtor has a piece of immoveable property within the jurisdiction of the court in Jhunjhun, another piece in Cuttack, a third piece in Puri and fourth piece in Sambalpur where he permanently resides. In the first instance, the decree-holders proceeded against the piece of property in sambalpur by getting the decree transferred to the Court of the Subordinate Judge of Sambalpur. If the learned District Judge's view is accepted, until the court of the Subordinate Judge of Sambalpur sends a certificate of non-satisfaction under order 21, Rule 6 C. P. C. , the Court at Jhunjhu