( 1 ) THOUGH the parties are different, the main question for consideration in both the appeals by the respective judgment-debtors in the execution cases, is identical viz. whether in the absence of rules under Section 40, C. P. C. a decree transferred from a Court in another State can at all be executed by the transferee Court, as the case may be, the District Court itself, receiving the decree on transfer under Order 21 Rule 5 C. P. C. or the subordinate Court of competent jurisdiction to which a District Court in its own turn transfers the same under Order 21 Rule 5 C. P. C,

( 2 ) THIS question has been answered by the judgments of two single bench judgments of this Court in Chhegalal Ramniwas v. Shyamlal Parmatma Swarup, 1960 Jab LJ 612 : (AIR 1960 Madh Pra 387), and following it in the judgment dated 29th July, 1960 in Civil Second Appeal No, 103 of 1957, Maganlal v. Mercury paint and Varnish Co. Ltd. , Civil Second Appeal No. 142 of 1956, Ganatra hardware Stores v. K. Kurbanhussain and Co. , and Civil Revision No. 515 of 1958, sitaram v. Dr. Pratap Singh. However, the appellants in these appeals have urged that though two Single Benches have taken a concurrent vie