- (1.) In this appeal, the principal questions raised by Mr. Dalip Singh, appearing for the appellant judgment-debtor are twofold as under:-- 1. that without obtaining a certificate of transfer, the execution application was filed in the court of the District Judge, Jaipur District, Jaipur and since the decree was not passed by that court, it could not have been executed by the said court. 2. that the certificate required under the Court of Wards Act was not filed arid therefore the decree could not have been executed.
(2.) It would be necessary to mention facts in order to appreciate the above points.
(3.) Bhawani Shankar filed an execution application against the Collector, Jaipur as manager of Court of Wards and Nahar Singh, Ganga Singh and Hamir Singh for the recovery of Rupees 25,813/8/6 under a decree dated June 9, 1939 granted by the District Judge, Jaipur (Mahakma Appeal). This execution application was filed on April 17, 1961. Earlier to it the execution was dismissed on 25th February, 1956. Many objections were raised in this execution application by the judgment-debtors, out of which the objection contained in issues Nos. 2, 5 and 6 were pressed. Issues Nos. 2, 5 and 6 read as under;- 2. Whether the execution petition is barred by limitation? 5. Whether execution applications previously filed by the decree- holder were presented in courts having no jurisdiction and what will be its effect? 8. Whether the execution petition is not maintainable without obtaining the certificate of the Court of Wards, regarding the amount of the decree?;