Non-compliance with Order 21, Rule 5, Civil Procedure Code is a mere irregularity and does not affect the jurisdiction of the transferee court to proceed with the execution.

( 1 ) THIS revision, purporting to be under Section 115 of the Civil Procedure Code, has been filed by the judgment-debtor and is directed against the order, of the additional District Judge, Umaria, District Shahdol dated 2-7-1957, holding that the execution of the decree, transferred by the Second Additional District Judge, bilaspur to that Court under Section 39 of the Civil Procedure Code, without complying with the procedure laid down by Order 21, Rule 5 of the Civil Procedure code, could proceed and that it was not necessary to return the transfer certificate to the transferor Court.

( 2 ) ALTHOUGH the learned counsel for the decree-holder did not specifically raise the question relating to the tenability of a revision, I, during the course of the arguments pointedly asked the learned counsel for the petitioner as to why the memo was termed as a revision. The objections, raised in the executing court, relating to the tenability of the execution and the jurisdiction of the executing court to proceed, were, in fact, covered by Section 47 of the Civil Procedure Code. As such, under the said section, an appeal lay to this Court. See the case of Firm ganeshdas Badrinarayan v. Amulukchand, AIR 1940 Cal 161, decided by a Division bench of the Calcutta High Court. Consequently I shall treat this as an appeal under Section 47 of the Civil Procedure Code and shall dispose it of accordingly, so that the party aggrieved would have a right of appeal, under Clause 10 of the letters Patent, as a matter of right, on the authority of Madhukar Trimbaklal v. Sati Godawari Upasani Maharaj, ILR (1940) Nag 141: (AIR 1940 Nag 39) (FB ). There is authority for this course of action in treating a revision as an appeal and 'vice versa'. See the case of Sahdeo Singh v. Melhusingh, ILR 49 All 178: (AIR 1927 All 120 ). Neither the question of court-fee nor limitation is affected by this course. This course adopted by me, is proper, as the question involved is on important question, requiring an authoritative decision, in view of the conflict of views in the various High Courts.

( 3 ) THE learned counsel for the judgment-debtor appellant urged that the Additional district Judge, Bilaspur sent the transfer certificate along with the execution ease directly to the Additional District Judge, Umaria instead of the District Court, rewa. As such he complained that Order 21, Rule 5 of the Civil Procedure Code had not been complied with. The said rule is as follows: "where the court to which a decree is to be sent for execution is situated within the same district as the court which passed such decree, such court shall send the same directly to the former Court. But where the court to which the decree is to be sent for execution is situate in a different district, the court which passed it shall sent it to the District court of the district in which the decree is to be executed. "

The word used in the said rule is "district court" which will have to be interpreted in the light of the definition of a District in Section 2 (4) of the Civil Procedure code which is as follows:"'district' means the local limits of the jurisdiction of a principal civil court of original jurisdiction (hereinafter called a 'district Court') and includes the local limits of the ordinary original civil jurisdiction of a High court. "

Thus, what is necessary under Order 21, Rule 5 of the Civil procedure Code is that the execution should be sent to a District Court and not to any particular Judge. Section 3 of the Civil Procedure Code provides for subordination of courts in these terms:"for the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade "inferior to that of a District Court" and every court of small causes is subordinate to the High Court and District Court. "

An Additional District Judge may be administratively subordinate to a district Judge. But the Court of an Additional District Judge cannot in terms of S