MALIK, J. - (1.) THERE was a decree for a largesum of money passed by the Civil Judge, Lucknow, on 14 -8 -1933. It was a simple money decree and various attempts were made to execute the decree. Both the judgment -debtor and the decree. holder died and on 10 -8 -1945, an application was made for substitution of names and for transmission of the decree to the Bahraich Court for execution. The prayer in the application is as follows : " Jinab Ali sail degreedar mustadai Hai ki awalln hasb O.21 Qaida 16(sic) Zabta Dewani bajai Rani Manraj Kuer degreedar ke sail ka nam ba Zumre degreedar qaim farmaya jawe aur hasb dafa 50 Zabta Dewani bajai Nawab Mohammad Ali Khan Qazilbash madeeun mutwaffi ke warisan qabizan jaidad ashkhash munderja Khata No.9 darkhuast haza ka nam qaim hokar bad hu hasb dafa 39 certificate intaqali banana Civil Judge Sahib Bahadur Bahraich bheja jawe aur mutalba munderje ijrai haza mublikh Rs.36043 -7 -3 ba izafa kharcha ijra haza wa sud ainda wasul kara diye jawen."
(2.) CERTAIN objections were filed by the other side and these objections were dismissed by an order dated 23 -11 -1946. An appeal filed to the Chief Court was dismissed on 11 -9 -1950. On 12 -12 -46 a certificate under S.39, Civil P.C. was issued transferring the decree to the Court of the Civil Judge Bahraich for execution. The certificate was received in the Bahraich Court on 16 -12 -1946. On 30. 8. 47, an application for execution of the decree was filed in the Court of the Civil Judge, Bahraich, in which the prayer was as follows : "Sir, The decree -holder prays that according to O 21, R.54/66, Civil P.C. the immoveable property, the kothis, the houses, and the village mentioned in the list attached to the application for execution of decree, be attached and sold and that Rs.38522 -7 -3, the amount due under the decree as detailed below be got realized. The amount mentioned in the transfer certificate. Interest from 11 -08 -45 to 30 -08 -47 on Amount of interest Grand Total Rs.36071 -11 -3 Rs.20304 at 6 p.c.p.a. Rs.2450 Rs.38522 -7 -3." A long list of properties was given, by the sale of which the decretal amount was to be realized. An objection was taken that the decree having been passed on 14 -8 -1933, the application for execution filed on 30 -8 -1947, was barred under S.48, Civil P.C., as it was filed more than 12 years after the date of the decree. This objection was disallowed and the lower Court held that the application for execution was within time, as it was in continuation of the previous application dated 10 -8 -1945. This appeal was filed against the decision of the lower Court and the only point for consideration is whether the application filed on 30 -8 -1947, was barred under S.48, Civil P.C. Respondents learned counsel has urged that the application dated 10 -8 -1945, was an application for execution of the decree and by the application dated 30 -8 -1947, merely a list of the properties to be sold was given and it was not a fresh application for execution.
(3.) SECTION 39, C.P.C. provides for an application to be made to the Court for transfer of that execution to another Court within the jurisdiction of which the judgment -debtor has property. The entire property in the possession of the judgment -debtors was outside the jurisdiction of the Lucknow Court and was within the jurisdiction of the Bahraich Court. The judgment -debtors were also residing outside the jurisdiction of the Lucknow Court. No list of properties were given in the application filed on 10 -8 -1945, nor could the decree be executed against the person of the judgment -debtors representatives as the decretal amount had to be realized from the property left by the judgment -debtor who was dead.;