( 1 ) THIS is a decree-holders second appeal against an order of the learned Civil Judge, Agra, upholding the judgment-debtors objection to the execution of his decree. It raises an interesting question of law relating to the effect of the recent amendment of Section 42 C. P. C. The facts of the case are these:

( 2 ) THE decree-holder Karam Chand obtained a decree for Rs. 58. 0/- with costs against GUR dayal from the Judge Small Cause Court, Agra. He wanted to execute it by attachment of some immovable property of the judgment-debtor. As the Small Cause Court is debarred by Order 21 rule 82 and Order 50 Rule 1 C. P. C. , from proceeding against immovable property in execution of decrees, the appellant Karam Chand obtained a transfer of his decree to the Court o the munsiff, Agra, and secured from that Court an order of attachment against some immovable property belonging to the judgment-debtor. The latter, however, objected that, in view of the amendment of Section 42 C. P. C. by the State Legislature, the Munsiff Agra had no jurisdiction to proceed against immovable property. The objection was upheld by the execution Court and also in appeal by the learned Civil Ju