- (1.) THE challenge in this petition filed under Article 227 of the Constitution of India is to the order dated 16th December, 2013 passed by the learned District Judge, Sangrur directing the parties to appear before the transferee Court of the learned Additional Civil Judge (Senior Division), Sangrur for appearance of the parties on 18th December, 2013 by withdrawing the Execution Application No.70 of 12.05.2000 from the Court of learned Civil Judge (Senior Division), Sangrur being the successor Court of Ms. Harreet Kaur, PCS (J), the then learned Civil Judge (Junior Division), Sangrur holding court that passed the decree. The petitioner is the judgment debtor under the decree which he seeks to resist in this petition on the ground that the executing court is not the court that passed the decree and is therefore a court without jurisdiction to proceed in the matter.
(2.) THE learned District Judge, Sangrur has passed the order which is impugned in this petition, as a result of which order, the order dated 04th December, 2013 passed by Sh. B.S. Ramana, learned Civil Judge (Senior Division), Sangrur has not been accepted. The latter order reads as follows: - "Learned counsel for DH has produced on record Photostat copy of office order of learned District and Sessions Judge, Sangrur whereby it has informed that Court of Shri Gurmeet Singh Tiwana, learned Addl. Civil Judge (Sr. Divn.), Sangrur is the successor Court of Ms. Harreet Kaur, the then Civil Judge (Jr. Divn.), Sangrur. The decree in question was passed by the Court of Ms. Harreet Kaur, the then Civil Judge (Jr. Divn.), Sangrur. Perusal of present execution file reveals that present execution was directly filed before this Court. As this Court is not competent to entertain and try the present execution as this Court is not the successor Court of Ms. Harreet Kaur, the then learned Civil Judge (Jr. Divn.), Sangrur. As such, a reference is hereby made to the learned District and Sessions Judge, Sangrur for transferring the present execution file from this Court to Shri Gurmeet Singh Tiwana, learned Addl. Civil Judge (Sr. Divn.) Sangrur being successor Court. Parties with counsel are directed to appear before the learned District and Sessions Judge, Sangrur on 16.12.2013. Ahlmad is directed to sent the file complete in all respects to the Court of learned District and Sessions Judge, Sangrur well before the date fixed."
(3.) THEREFORE , the doubts expressed in the order dated 04th December, 2013 have been clarified by the impugned order dated 16 th December, 2013. The order of the learned District Judge, Sangrur is assailed by the Judgment Debtor on the ground that the Court to which the matter has been remitted for execution is not the trial Court that passed the decree. The contention in short is that the decree was passed by the learned Civil Judge (Junior Division) and has now been ordered by the learned District Judge to be executed by the learned Civil Judge (Senior Division). Order 21 Rule 10 of the Code of Civil Procedure, 1908 deals with the question. An application for execution of a decree where the holder of a decree desires to execute it, 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 officer thereof. Section 39 of the Code deals with transfer of decree and provides that the Court which passed a decree may, on the application of the decree -holder, send it for execution to another Court of competent jurisdiction in the four situations (a) to (d) and as further prescribed in sub -sections (ii) to (iv) of the aforesaid section. Section 42 of the Code deals with powers of Court in executing transferred decree. The rule provides that the Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. Chapter 12, Part A, Volume 1 of the Punjab and Haryana High Court Rules and Orders provides for execution of decrees. Rule 4 thereof empowers the District Judge with its duty of distribution of execution work.;