DURGAPRASAD AGARWALLA AND ANR. Vs. HARISANKAR KILLA AND ORS.

JUDGEMENT

(1.) THIS appeal arises out of execution proceedings. The decree in this case was passed by the Calcutta High Court in the exercise of its original jurisdiction. An authenticated copy of the decree of the High Court together with a certificate of non -satisfaction of decree was sent by the Registrar of the High Court of Judicature at Fort William in Bengal (Original Jurisdiction), to the District Judge of Tezpur with the request that the decree may be executed within the jurisdiction of his Court under the provisions of the Code of Civil Procedure.

(2.) THERE was no District Judge at Tezpur. The ex-officio Sub-Judge received the letter with its encloaures. The decree-holder also applied for execution in the Court of the ex-officio Sub-Judge at Tezpur.

(3.) THE first question is whether in the circumstances of this case the learned ex -officio Sub Judge had jurisdiction to execute the decree. Order 21, Rule 6, Code of Civil Procedure., provides that: