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Rama Nath Banerjee and anr. Vs. Raja Raj NaraIn Chandra Dharaja - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in57Ind.Cas.722
AppellantRama Nath Banerjee and anr.
RespondentRaja Raj NaraIn Chandra Dharaja
Cases ReferredShamsundar Saha v. Anath Bandhu Saha
Excerpt:
civil procedure code (act v of 1908), section 6 - execution of decree--decree for mesne profits in excess, of court's pecuniary jurisdiction--decree sent for execution to another court of like pecuniary jurisdiction--jurisdiction of latter court. - .....was transmitted to the district judge of burdwan and was sent by that court to the court of the munsif of asansol for execution.3. the question in this appeal is whether the court of the munsif at asansol has or had jurisdiction to execute this decree.4. on behalf of the respondent it is contended mainly that inasmuch as the court of the munsif at bankura may execute its own decree, the court of the munsif at asansol, having a like pecuniary jurisdiction, has jurisdiction to execute it.5. on consideration we are of opinion that the equality in pecuniary jurisdiction of the 2nd courts is not sufficient to override the general rule that courts of limited pecuniary jurisdiction may not entertain execution proceedings in suits in excess of the limit. in support of this proposition we may.....
Judgment:

1. In this case it appears that in a suit for possession and mesne profits on the 4th September 1915, in respect of the period between suit and delivery of possession the Court of the Munsif at Bankura made a degree for a sum of Rs. 3,200.

2. This decree was transmitted to the District Judge of Burdwan and was sent by that Court to the Court of the Munsif of Asansol for execution.

3. The question in this appeal is whether the Court of the Munsif at Asansol has or had jurisdiction to execute this decree.

4. On behalf of the respondent it is contended mainly that inasmuch as the Court of the Munsif at Bankura may execute its own decree, the Court of the Munsif at Asansol, having a like pecuniary jurisdiction, has jurisdiction to execute it.

5. On consideration we are of opinion that the equality in pecuniary jurisdiction of the 2nd Courts is not sufficient to override the general rule that Courts of limited pecuniary jurisdiction may not entertain execution proceedings in suits in excess of the limit. In support of this proposition we may refer to Section 6 of the Civil Procedure Code and the decision of this Court reported in Shamsundar Saha v. Anath Bandhu Saha 6 Ind. Cas. 97 : 37 C. 574 : 14 C.W.N. 662. In these execution proceedings we do not enter into the question of the competency of the Munsif of Bankura to make the decree in question.

6. We, therefore, decree this appeal with costs and direct that the Munsif of Asansol do return the record through the District Judge of Bardwan to the Court of the Munsif of Bankura.

7. We assess the hearing fee at three gold mohurs.

8. The connected Rule is discharged.

9. Let the record be sent down without delay.


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