The rule of territoriality, which generally governs execution proceedings, does not apply to cases where property is in the custody of a court or public officer. In such cases, the court which passed the decree can directly attach the property under Order XXI, Rule 52, C. P. C., without the need for transferring the decree to an executing court within whose jurisdiction the property lies.

R. N. GURTU, J.

( 1 ) THIS execution second appeal arises in the following circumstances: firm Jai Narain Hanuman Das had obtained a decree against firm Hira Lal Bajpai and others on 22-5-1942 in suit No. 147 of 1940 from the court of the Munsif, Kanpur. On 23-11-1942, the decree-holder firm filed an execution application seeking execution of the decree passed in its favour against some money which had been deposited by (sic. in favour of) the judgment-debtor, firm Hira Lal Bajpai and others, in the court of the insolvency Judge, Bara Banki. It appears that firm Hira Lal Bajpai and others, the judgment-debtor, was itself a creditor of Devi dayal and others. The amount payable by Devi Dayal and others to firm Hira Lal Bajpai and others being outstanding, firm Hira Lal: Bajpai and others made an application, numbered as insolvency Case No. 31 of 1939, against Devs Dayal and others in the court of the Insolvency judge, Bara Banki presumably to have them declared insolvents. During the pendency of that insolvency application, Devi Dayal and others had deposited Rs. 15,000/- on 21-4-1942 in the insolvency court in order that the claim of Hira Lal Bajpai and others against them might be satisfied. This was the sum against which firm Jai Narain Hanuman das, the decree-holder in the present execution appeal, sought execution of its decree, when the said decree-holder firm made its execution application on 23-11-1942. The prayer contained therein was as follows:

"guzarish hai ki madyun ka rupia pata zail men takhminan Rs. 10,000/- jama hai woh qurq kar ke decreedar ko dilaya jave aur parwana qurqi banam Insolvency Judge, Bara Banki sayal ko (pata) dasti ata farmaya jave. Aur yeh zar majtama khandan mushtarka firm Hira Lal Bajpai ke haq men jama hai. . . . . . ".

( 2 ) THE execution court, upon this application (numbered as execution case No. 419 of 1942) sent an order of attachment to the Insolvency court and thereafter had a notice sent to the judgment-debtor, firm Hira Lal Eajpai and others, which notice was served on it.

( 3 ) IT appears that thereupon certain parties Interested in the insolvency proceedings (not firm hira Lal Bajpai and others) preferred an appeal to the Chief Court, Oudh against some order of the Insolvency Judge which affected this sum of Rs. 15,000/ -. The executing court thereupon directed the application dated 23-11-1942 of firm Jai Narain Hanuman Das to be consigned to the record room, permitting the said firm to have it revived when the appeal in the Chief Court was decided. This consignment order was passed on 13-2-1943.

( 4 ) LATER on another execution application was made by firm Jai Narain Hanuman Das on 2-5-1947 to the Munsif Kanpur. That application is not on the record but it appears from the relevant order sheet that the court had directed some amendment to be made in the application in order that it might comply with the legal requirements and there was also a direction that a copy of the order of the Chief Court in the appeal, to which a reference has been made above, should be filed. Apparently the order of the court was not carried out and this second application was struck off on 30-10-1947.

( 5 ) THEN the last i. e. , the present execution application dated 16717-7-1948 was presented by firm jai Narain Hanuman Das, the decree-holder to the Munsif Kanpur. It was numbered as execution case No. 308 of 1948 in original suit No. 347 of 1940.

( 6 ) THE judgment-debtor, firm Hira Lal Bajpai and others, entered appearance. The objection on behalf of the judgment-debtor was that this last execution application was time-barred. The contention advanced was that the first application of the decree-holder, firm Jai Narain Hanuman das, made on 23-11-1942 was not an application in accordance with law because it asked the execution court to execute the decree against certain moneys which were not within the jurisdiction of the executing court and, therefore, the first application could not be deemed to be a ste