JUDGMENT :- This is an Ex. Second Appeal by the decree-holder. He obtained a decree from the Court of Small Causes in 1951 and got it transferred to the Munsif's court in the year 1959 and asked for attachment and sale of immovable property. Both the courts below relied upon section 42, C. P. C. as amended by the U. P. Laws (Reforms and Amendment) Act No. XXIV of 1954 holding that a transferee court, although a court of Munsif, had the same powers which the transferor court had, namely, the Court of Small Causes and consequently could not execute the decree against immovable property. So far as this order interpreted the amended section 42, C. P. C. there is no dispute.

The contention on behalf of the decree-holder, however, is that he having obtained the decree before the amendment of section 42, C. P. C. a right vested in him to execute his decree by the modes that were available before the amendment and section 42, C. P. C., as amended, is not retrospective and has no application to the decrees passed before the amendment. The learned counsel has relied upon section 3 of the U. P. Laws (Reforms and Amendment) Act No. XXIV of 1954, the relevant part of which is as follows, "Any am

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