Banwari Lal and Another vs Badri Ram

Courtney-Terrell, C.J.—This is a Letters Patent appeal from a decision of a learned Judge of this Court in second appeal reversing a decision of the Subordinate Judge. The appellant before us had obtained a decree in the panchayat Court. He sought to execute the decree according to the panchayat procedure and recovered a portion of the amount due. He then applied to have the decree transferred to the civil Court. An objection was taken to the jurisdiction of the civil Court to entertain the execution of the decree. The two lower Courts held that they had jurisdiction in execution and that there was jurisdiction to transfer the decree for that purpose. The suit that was brought was of a kind contemplated by Section 58, Village Administration Act. The plaintiff had his option to proceed either in the civil Court or in the panchayat Court and he chose the panchayat jurisdiction with its attendant advantages. There is no provision anywhere in the Village Administration Act, save in the Special Panchayat Courts of Chota Nagpur for the transfer of a decree to the civil Court for execution. The CPC does not apply to the panchayat Court and the panchayat Court is not in the least affected by the Code. Accordingly, there was no power of transfer of the decree to the civil Court for execution. I agree entirely with the judgment of Wort, J., and would dismiss this appeal with costs.

Mohammad Noor, J.

I agree.