RAMABHADRAN, J. - (1.) THIS second appeal by a J.D. has been referred to us by our brother Takru, as in his opinion, it was desirabla that this appeal should be heard by a Division Bench.
(2.) THE facts, giving rise to this appeal are as follows: The respondent decree -holder (Firm Chhhajju Mal Sumerchand, Delhi) had obtained a decree for a sum in excess of Rs.7,000/ - from the Court of the Subordinate Judge at Delhi. That decree provided for payment in instalments, subject to the condition that in the event of two consecutive instalments remaining unpaid, it would be open to the decree -holder, to realise the entire out standing balance at once. The judgment -debtor paid a sum of Rs.2,250/ - in six instalments, by 27 -10 -1955, after which there were no payments. The decree -holder under the impression that he was entitled to enforce the default clause, put his decree into execution for the balance of Rs.4,143/ -. He also got the decree transferred for execution from the Delhi Court to the Munsif at Gaziabad through the District Judge of Meerut, under or.21 R.8 C.P.C. Two objections were taken by the judgment -debtor to the execution of the decree before the Munsif, Ghaziabad.
(3.) FIRSTLY that the Munsif had no jurisdiction to execute the decree as it was beyond his pecuniary jurisdiction; and;