The filing of execution applications in the transferor court, before the decree is actually transferred to the transferee court along with a certificate of non-satisfaction, constitutes a step-in-aid of execution, which saves limitation in favor of the decree-holder.

( 1 ) THIS appeal is by the judgment-debtor, against the order, dated 7-3-1960, passed by Sri H. D. Jha. Second Additional District Judge, Chhindwara, in Civil Appeal No. 11--B oi 1950, affirming the order, dated 18-11-1959, passed by Sri L. P. Agarwala, Civil Judge, Second Class, Sausar, in execution proceedings arising out of a transferred decree, passed by the Munsiff, Allahabad, in Civil Suit No. 233 of 1944, dated 22-12-1945.

( 2 ) THE respondent, after obtaining a decree for Rs. 2774/9/- and costs amounting to Rs. 426/6/6 and interest at the rate of Rs. 4/8/- per cent per annum on" the decretal amount, filed an execution application in the Allahabad Court on 25-11-1948 and also prayed for transfer of the decree to the District Court at Chhindwara for the purpose ot execution as the appellant lives within the jurisdiction of that Court. By order, dated, 20-1-1949, the Court passed an order transferring the decree for execution to the District Court, Chhindwara. But in pursuance of the order, the decree was not sent to the District Court Chhindwara, nor was any Certificate of non-satisfaction under Order 21, Rule 6 of the Civil Procedure Code sent to Chhindwara.

( 3 ) THE respondent filed another execution application in the Allahabad Court on 18-9-1951 and again prayed for transfer of the decree to the District Court, Chhindwara. The Allahabad Court, by order, dated, 4-11-1951, again directed the execution proceedings to be transferred to the District Court, Chhindwara. But, in pursuance of the order, the decree was not sent to the Chhindwara Court nor was any certificate of non-satisfaction sent in pursuance of the order.

( 4 ) THE decree-holder again filed another execution application in the Allahabad Court on 21-5-1954 with a prayer that the decree be transferred to the Court at Chhindwara. That execution application was dismissed in default on 20-7-1954. Ultimately, on 5-10-1955, a certificate ot non-satisfaction of the decree was issued by the Allahabad Court and sent to the District Court, Chhindwara. The decree was accordingly transferred to the Chhindwara District Court. The learned District Judge sent the decree for execution to the Court of Civil Judge at Sausar. The decree-holder filed an execution application at Sausar on 10-121957.

( 5 ) ON behalf of the judgment-debtor, an objection was taken that the execution application was barred by time under Article 182 of Schedule 1 of the Limitation Act. The learned Judges of the Courts below rejected the judgment-debtor's objection on the point of limitation. Hence the present appeal.

( 6 ) THE learned counsel for the judgment-debtor appellant urged that as the Allahabad Court had already passed an order, dated 20-1-1949, for transfer of the decree to the Chhindwara District Court and as the decree-holder did not take further steps in pursuance of the said order of transfer of the decree, the execution application filed on 10-12-1957 in the Court at Sausar was barred by time under Article 182 (5) of Schedule 1 of the Limitation Act. The learned counsel pointed out that the decree-holder, by filing infructuous applications for execution and meaningless prayer for transfers, could not extend limitation in his own favour. After the order of the Allahabad Court, dated, 20-1-1949, transferring the decree for execution, the Allahabad Court had no jurisdiction to pass any further orders. The jurisdiction vested in the transferee Court only thereafter. As such, any infructuous proceedings taken by the decree-holder in the Allahabad Court were of no avail for the purpose of saving limitation under Article 182 (5) of Schedule 1 of the Limitation Act.

( 7 ) IT is, therefore, necessary to see as to what a decree-holder is required to do after he files an execution in the transferor Court wherein he prays for a transfer of the decree for execution to another Court.

( 8 ) SECTION 39 of the Civil Procedure Code provides for transfer of the decree for execution to a