JUDGMENT

Sulaiman, J. - This is a civil revision from an order passed by the District Judge of Jhansi allowing an appeal in an execution matter and disallowing the judgment-debtor's objection.

2. The first point raised is that no appeal lay to the District Judge. This contention, in my opinion, has no force whatsoever. It is not disputed that the decree has been transferred for execution from the Bombay High Court to the Court at Jhansi. This was presumably u/s 39, Civil P.C. An order passed by the Subordinate Judge in execution is not an order passed by a Court of Small Causes from which no appeal lies. A first appeal from his order clearly lay to the District Judge: vide the case of Atwari v. Maiku (1909) 31 All 1. Of course the decree having been passed by a Presidency Court of Small Causes in a case of Small Cause Court nature no second appeal lies even in the execution proceedings.

3. The next point urged is that the learned Judge has acted upon evidence which was neither formally proved nor admissible in evidence. The objection of the respondent is that assuming that this contention is correct no civil revision lies. Ordinarily when a Court acts on evidence which has not been pr