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1957 Supreme(Ori) 24

DAS
Matrumal – Appellant
Versus
Madanlal Gourishankar – Respondent


Advocates:
H. Mohapatra, R.N. Misra and J.M. Mitra, for Petitioner; N. Mukherjee, for Opposite Party.

ORDER :- This is a judgment-debtors petition in revision against the appellate order of the learned Additional District Judge of Cuttack holding that the transferee Court had the jurisdiction to entertain the application in execution.

2. The sole question for consideration in this case is whether the transferee Court has the jurisdiction to execute the decree in case the amount of the decree exceeds the limits of the pecuniary jurisdiction?

3. The facts are rather simple. The decree-holder obtained an ex parte decree in the original side of the Calcutta High Court on 23-7-51 arising out of a suit for recovery of a sum of Rs. 3966-0-3. On 11-2-53 the decree-holder filed an application for transfer of the said decree to the District Court at Cuttack for execution, and accordingly, the Calcutta High Court transferred the decree for execution to the said Court. The learned District Judge by his order dated 3-3-5S sent it for execution to the Court of the second Munsif which was a Court subordinate to him. The decretal amount for which the execution was levied stood at Rs. 4360-3-9. The decree-holder in due course filed an application on 8-3-53 for execution of the said decree. An objecti




























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