The court emphasized strict compliance with section 41 of the Civil Procedure Code for execution certification, asserting that failure to provide necessary documentation leads to limitations on further execution attempts.

1. This appeal by the attaching decree - holder is preferred against the judgment of the District Judge, Anantapur in A. S. No. 139/61 holding that E. P. No. 77/60 on the file of the Court of the subordinate Judge, Anantapur was not filed within three - years after the previous execution petition and is therefore, barred by limitation.

2. It is necessary to narrate briefly the facts of the case. The O. S. 46 of 1947-48, filed by the Shimoga Oil Mills in the Court of the subordinate Judge, Shimoga, against Sri Radhakrishna Oil Mills, Kadiri, the respondent herein, for the recovery of about Rs. 3,257 was dismissed on June 30, 1949, but decreed by the High Court of Mysore in R. A. No. 81/1949-50 on October 30, 1951. As the judgment - debtors are residents of and having properties only at Kadiri, situate within the jurisdiction of the Court of the subordinate Judge, Anantapur, the Shimoga Oil Mills, the decree - holder, obtained a transfer of the decree to the sub-court, Anantapur for execution. The E. P. 37/56 filed by the decree - holder, the Shimoga Oil Mills, was dismissed by the sub-court, Anantapur on October 25, 1956 holding that "the decree - holder absent."
The advocate reports no instructions." A copy of the order in E. P. No. 37/56 despatched at Anantapur on October 30, 1956 has been received by the sub-court, Shimoga on November 2, 1956.

3. In the meanwhile, the appellant herein obtained a money decree in O. S. No. 224 of 1948-49 on the file of the Court of the District Munsif Shimoga on June 30, 1940, against the Shimoga Oil Mills, the decree - holder in O. S. No. 46 of 1947-48 sub-court, Shimoga, which was reversed in appeal in RA. No. 52 of 1949-50 on March 24, 1950 but finally affirmed by the High Court of Mysore, in S. A. 78 of 1950-51 on July 21, 1953.

4. On January 15, 1958, the appellant herein filed E. P. 53/58 on the file of the district Munsif's Court, Shimoga for attachment of the decree in O. S. 46 of 1947-48 sub-court, Shimoga without any notice to the J. D. the respondent herein. On June 20, 1958, the District Munsif, Shimoga passed an order stating that 'attachment of decree duly served on civil Judge, Shimoga and the decree - holder is permitted to execute the attached decree as desired by him.' On July 16, 1958, the appellant herein filed E. P. 348/58 in the sub-court without notice to the respondent herein for transfer of the decree to the sub-court, Anantapur. The docket sheet discloses the endorsement of the sub-court, Shimoga made on July 18, 1958 thus: -
"In this case, the decree has already been transferred to sub-court, Anantapur in execution case No. 208/56 of this Court. Non - satisfaction report has been received in this Court on 2-11-56. Recall the transferred decree copy by 7/8." The decree copy was not received by 7-8-1958, 28-8-1958, 11-9-1958 and 9-10-1958, on which date the appellant was required to file a decree 30-10-1958. On November 13, 1958, the decree was ordered to be transferred. The Appellant filed a memo with a copy of the decree in S. A. 72/1950-51 on February 20, 1959 praying to send the same to the Court of the subordinate Judge, Anantapur and the same was ordered. On September 3, 1960, the appellant - attaching decree - holder filed E. P. 77/1960 on the file of the Court of the subordinate Judge, Anantapur for the execution of the decree in O. S. No. 46 of 1947-48 sub-court, Shimoga. The respondent herein resisted the application contending inter alia that E. P. 77/1960 being filed more than three years after the dismissal of the prior E. P. No. 37/1956, is barred by limitation and the a