ORDER :- These three cases raise a similar question of law. Because an important question of law is involved in these Cases they were referred to a larger Bench. Thus they came up for hearing before us.

2. The facts from which Civil Revision No. 86 of 1961 arises are these. A money decree was passed by the Judge, Small Cause Court, Lucknow, in favour of the opposite party, Badri Prasad against the applicant, Suraj Bux Singh on 29-4-1958. On 1-11-1958 an application was made for transfer of the decree to the Munsif's court under Section 59 of the Code of Civil Procedure. The transfer was ordered on 29-11-1958 but a transfer certificate was actually sent to the Munsif's court on 9-12-1958. On 29-2-1960 the decree-holder made an application to the Munsif for execution of the decree by attachment and sale of immoveable property. The judgement-debtor filed an objection under Section 47, Code of Civil Procedure, on the ground inter alia that the execution was barred by limitation.

The learned Munsif did not consider the question of limitation and passed a short order allowing the objection and directing that the execution case be consigned to records on the ground that the decree was of a

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