( 1 ) THIS is a judgment-debtors appeal arising out of execution proceedings. The decree to he executed was one for costs passed by the High Court in a Civil Revision. The objection taken by the judgment-debtor was that the court of the Munsif bad no jurisdiction to execute the decree, in view of the provisions of Section 38 of the Code of Civil Procedure. The objection was overruled by the executing court and the decision was affirmed in appeal. Learned Counsel has referred me to the provisions of Sections 38 and 37 of the Code of Civil Procedure and relies on a decision of the Calcutta High Court in Durga Charan Banerjee v. Smt. Benodini Devi reported in AIR 1944 cal 301 (1) (A ).

( 2 ) SECTION 38 of the Code of Civil Procedure reads as follows :

"38. A decree may be executed either by the court which passed it or by the court to which it is sent for execution. "

In the preceding Section 37 the expression court which passed a decree has been explained as follows:"37. The expression court which passed a decree or words to that effect shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include : (a