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Judgment
8 paragraphs · 167 wordsIt is conceded that if the Subordinate Court had, in the first instance, decreed in plaintiff''s favour, it would have had jurisdiction to entertain an
application u/s 341, but it is contended that it is otherwise, since the Subordinate Court dismissed the plaintiff''s claim and the decree in his favour
was passed by the Appellate Court.
If this argument be valid, the jurisdiction of the Subordinate Court would also be ousted, if the plaintiff had obtained a decree in his favour in the
first instance, and that decree had subsequently been confirmed on appeal, since the decree to be executed would be that of the Appellate Court.
There can be no doubt that the Subordinate Court must execute the decree of an Appellate Court, reversing its own, and that in that respect it is
regarded for all intents and purposes as the Court which passed the decree.
We think the order of the learned Judge was right and dismiss this appeal with costs.