SUBHASH SAMVATSAR, J.

( 1 )

( 2 ) THIS revision is filed by the judgment-debtor against whom a decree is passed by the Additional Civil Judge Class I, Gohad on 26-2-98. The Decree-holder filed an execution in the Court of Civil Judge Class-2, Gohad for executing the said decree. The petitioner-judgment-debtor has raised an objection about the maintainability of the execution proceedings before the Civil Judge Class 2, Gohad. The same objection is rejected by the executing Court by the impugned order against which this revision is filed.

( 3 ) ACCORDING to the petitioner, since the decree is passed by the Addl. Civil Judge Class I, Gohad, the Civil Judge Class-2 has no jurisdiction to execute the decree. For this purpose, the counsel for the petitioner has relied on the provisions of Order 21, Rule 10, CPC, which lays down that an application for execution lies to the same Court which has passed the decree. The said rule reads as under :"or. 21, Rule 10 : Application for execution.- Where the holder of a decree desires to execute it, he shall apply to the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper office thereof. "

( 4 ) IN view of the said provision, the Counsel for the petitioner submits that the execution proceedings filed in the Court of Civil Judge Class 2, Gohad for executing the decree passed by Addl. Civil Judge Class-1, is without jurisdiction.

( 5 ) THE relevant facts for decision of the said case are that : initially the respondent decree holder had filed a suit in the Court of Civil Judge Class-2 Gohad. The preceding Judge of that Court (K. K. Sharma) was promoted as Addl. Civil Judge Class I. After his promotion all the cases pending in the Court of Civil Judge Class 2, were transferred to his Court i. e. in the Court of Addl. Civil Judge Class I, Gohad as probably at that time no Civil Judge Class 2, Gohad was appointed. Ultimately, Shri K. K. Sharma passed the decree as Addl. Civil Judge Class I. At the time of filing of the execution the Court of Addl. Civil Judge Class-I, Gohad was abolished and all the cases pending in that Court were transferred to the Court of Civil Judge Class-2, Gohad. In the light of this fact, the decree-holder filed an application in the Court of Civil Judge Class-2, Gohad.

( 6 ) SHRI A. M. Naik, Sr. Advocate for the respondent submitted that in view of this fact, the execution proceedings filed in the Court of Civil Judge Class-2, Gohad cannot be said to be without jurisdiction. He invited my attention to Section 37 of the Civil Procedure Code. Section 37 of the CPC explains or defines the word "court", which passed the decree. The said section reads as under :"section 37. Definition of Court which passed a decree.- The expression "court which passed a decree", or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,- (a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and (b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit. "explanation.- xx xx xx

( 7 ) THIS Section 37 of CPC clearly lays down that where a Court which has passed a decree loses the jurisdiction to execute it (sic) than the other Court which has jurisdiction over the subject-matter has been transferred has an authority to execute the decree. For this purpose, the counsel for the petitioner relied on the case of Merla Ramanna v. Nallaparaju, reported in AIR 1956 SC 87. Thus, the Court to which subject-matter has been transferred can also execute the decree, and th

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