AGARWALA J.:- This is a judgment-debtors appeal arising out of execution proceedings. A decree for possession over a house and for arrears of rent was passed against the judgment-debtor appellant. The decree-holder applied for the execution of the decree and obtained possession over the house. After having obtained possession, the decree-holder found that some materials of the house had been removed and damage had been done to it after the passing of the decree.

He then applied to the execution court for compensation to be awarded against the judgment-debtor appellant to the extent of Rs.10,000/-. The application was made under S.47, Civil P.C. The judgment-debtor objected that such an application did not lie under S.47, Civil P.C., and that if at all, the decree-holder could file a separate suit to obtain the relief claimed by him.

The learned Munsif held that an application did lie under S.47, Civil P.C. but, because the application was of a high valuation, he directed that the application be converted into a plaint and then presented for trial to the proper court. The decree-holder appealed against this order to the lower appellate court on the ground that in the circumst