Law:

Section:

Decree-Execution of-Judgment-debtor having ceased to reside or possess property within jurisdiction of Court concerned Decree for execution can be sent to Court having jurisdiction over person or property of judgment-debtor-Application for execution within 3 years from date of order of dismissal for default of first execution not barred-Limitation Act (IX of 1908), Art. 182 (5) - Civil Procedure Code (v of 1908), S. 38, O. XXI, r. 22. JUDGMENT   The decree-holder instituted Money Suit No. 49 of 1950 in the First Court of Munsif of Dacca for a sum of Rs. 1,923-8-0 which was decreed on 19th of November 1951 providing that the said sum would be payable within three years from the date of the decree, namely by 18th of November 1953.   Thereafter on 19th of August 1956, the decree-holder filed application in the FirstCourt of Munsif, Dacca for execution of the decree and the said case was registered as Money Execution Case No. 47 of 1956 on 20th of August 1956. As the application for execution was filed beyond one year a notice under Order XXI, rule 22 of the Code of Civil Procedure was issued on the 1st of October 1556, on the judgment-debtor. From Order No. 41, dated 17th of November 1956, it appears that notice under Order XXI, rule 22 of the Code was duly served and thereafter another Miscellaneous Case was started being Miscellaneous Case No. 200 of 1956 under the provisions of the Code and the same was dismissed for default on 8th of February 1958. The decree-holder, thereafter was asked to take steps by the 25th of February 1958, but as the decree-holder neither filed the requisites nor took any step the execution case was dismissed for default on that date. The decree-holder again filed another application for execution of the decree in the first Court of Munsif, Dacca, on 18th of February 1960 and Money Execution Case No. 8 of 1960 was started. On 4th of February 1960, the First Court of Munsif, Dacca, sent a certificate of satisfaction to the 4th Court of Munsif, Narayanganj for execution of the decree. After the transfer the decree-holder filed an application for execution of the decree before the transferring Court and it was numbered as Money…