Judgement

NARASIMHAM, C.J. :- This is an appeal by a judgment-debtor against the decision of the Subordinate Judge of Berhampur dated 17th September, 1954, over-ruling his objections under Sec. 47 of the Civil Procedure Code, to the execution of a compromise decree in original Suit No. 51 of 1933. That suit was brought before the Court of the Subordinate Judge of Berhampur by one Ghanashyam Deb claiming the Estate of Mandasa from one Jagannath Ramanuj Raj Deb who was alleged to be the adopted son of the previous Zamindar. The Estate was then included in the sub-division of Berhampur and was within the territorial jurisdiction of the Subordinate Judge of Berhampur (which was then a part of the Madras Presidency). When the Province of Orissa was formed with effect from 1st April 1936 Mandasa estate was separated from the Sub-division of Berhampur and included in the Sub-division of Chicacole in the Madras Presidency. As regards pending suits paragraph 20 of the Govt. of India (Constitution of Orissa) Order 1934, authorised the Governor-General in Council to issue appropriate directions. It reads as follows :

"20. Subject to the provisions of the last preceding paragraph, the Governor G