( 1 ) THIS appeal is directed against the decision of the Civil Judge Bhopal holding the plaintiff's suit as incompetent by reason of Section 47 C. P. Code and dismissing the same.

( 2 ) FACTS giving rise to the present appeal may be briefly stated as follows: a decree for Rs. 21,700/- was passed on the basis of an award on 13-31949 under the terms of which the aforesaid sum was payable by four equal instalments of Rs. 5,425/- each falling due on 1-8-1948, 1-111948, 1-3-1949 and 26-6-1949. The plaintiff in whose favour that decree was passed applied for its execution against the defendant on 167-1949. The defendant appeared in the execution proceedings and objected to the maintainabilly of the execution application on what according to him was the true interpretation of the award and the decree based on it. The objection did not find favour with the executing Court but was upheld by the learned Judicial Commissioner Bhopal by his decision dated 17-12-1953. It was held by him that the remedy of the plaintiff appellant was not by means of an execution application and that he ought to have filed a suit to enforce his right. The petition was accordingly dismissed. The defe