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1958 Supreme(MP) 65

P.K.TARE
GAURI SHANKAR – Appellant
Versus
FIRM DULICHAND LAXMI NARAYAN – Respondent


Advocates Appeared:
G.C.Koshal, T.C.Naik

P. K. TARE, J.

( 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 Badri












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