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1957 Supreme(All) 24

GURTU
PARSOTTAM PASI – Appellant
Versus
PT. RAJ NARAIN SHARMA – Respondent


Advocates Appeared:
HAR NANDAN PRASAD

GURTU, J.

( 1 ) THIS is a judgment-debtors appeal. The decree-holder obtained a money decree on 10-7-42 from the Judge, Small Cause Court, Banaras. He applied for transmission of the decree under section 39 of the Code of Civil Procedure to the Judge Section C. Court, Banaras. The decree was transmitted to the Munsif of Hawaii by the Judge, Small Cause Court. An application for execution of the transmitted decree was made by the decree-holder on the 21st of January 1946 to the Munsif, Hawaii execution being sought against land. The land being a protected land within the meaning of U. P. Regulation of Agricultural Credit Act (XIV of 1940) the Munsif, hawaii, transferred the execution of the decree to the Collector. Having transferred the decree he dismissed the application by his order dated the 8th March 1946. It appears that the decree-holder took no steps before the Collector. On 7-3-49 he moved an application before the Judge, Small Cause Court for a fresh transmission of the decree. This application was dismissed by the Judge, Small Cause Court on the 19th of April 1949 on the ground that the Court to which the decree had been sent for execution had not certified back to him th















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