G. D. SAHGAL, J. : These three causes raise a common question of law. One of these, namely, Sec. 115 Application No. 86 of 1961 came up before our brother Gyanendra Kumar, but as the point raised was of general importance, he referred that case to a larger Bench. That case accordingly came up before us and along with it two other cases have also been placed. A similar point is involved in them also.

2. The case giving rise to Section 115 Application No. 86 of 1961 was filed in the Court of Small Causes, Lucknow, as Original Suit No. 335 of 1951. It was decreed on 29th April, 1952 by that Court. The decree was put in execution by means of Execution Application No. 4016 of 1955 wherein execution was prayed for by arrest and detention of the judgement-debtor in civil prison. The second attempt for execution was made by moving an application for transfer of the decree under Section 39 of the Code of Civil Procedure on the 19th November, 1958. An order was passed for the transfer of the decree on 28th November, 1958, but the transfer certificate seems to have been signed on the 9th of December, 1958. The decree was accordingly transferred to the Court of the Munsif, Haveli, wher