JUDGMENT

1. The respondents obtained a simple money-decree from the Court of the Subordinate Judge of Lucknow on the 17th of April 1920 against four persons, one of whom was the appellant, Kunwar Lai Bahadur. On the 6th of April 1921, the Court of the Subordinate Judge of Lucknow on an application being made to that effect by the decree-holders transferred the decree for execution to the Court of the Subordinate Judge of Hardoi. This was presumably" done under the provisions of Section 39 of the Code of Civil Procedure, 1908. Since the transfer execution proceedings in relation to the decree have been taking place in the Court in the Subordinate Judge at Hardoi. Finally on the 17th of April 1925 the decree holders applied to the Court of the Subordinate Judge at Hardoi that the salary of the judgment-debtor, Kunwar Lai Bahadur, be attach' ed towards the satisfaction of the decree. Kunwar Lal Bahadur is a. public servant holding the post of a Deputy Collector alt Gorakhpur. Through the Collector off Gorakhpur the attachment was accordingly made by the Subordinate Judge. The action which the Subordinate Judge, took was obviously taken under the provision of Order 21, Rule 48, Sub-Rule (l), of ,the Code of Civil Procedure. On the 13th of July 1925 Kunwar Lal Bahadur-submitted an application to the Court of the' Subordinate Judge of Hardoi and thereby raised the question that the attachment of the salary 'was made by the Subordinate Judge without jurisdiction. The learned Subordinate Judge dismissed the application and this appeal is preferred against that order of dismissal, dated the 12th of September 1925.

2. It is argued that the power of attachment given by Order 21, Rule 48, Sub-rule (1), of the the First Schedule of the Code op Civil Procedure can can only be exercise ed by the Court which passed the decree' and not by the Court to which this-decree was transferred for execution-under the provisions of Section 39 of the Code of Civil Procedure. In our judgment the-contention has no substance whatsoever When a decree is transferred to a Court other than the Court which passed the decree for execution the-Court to which it is transferred "shall 'have the same powers in executing such decree as if it has been passed by itself: vide Section 42 of the Code of Civil Procedure. We are, therefore, of opinion that the attachment made by the Subordinate Judge of Hardoi: was made within jurisdiction.

3. The appeal fails and is dismissed with costs.