ADDITIONAL COLLECTOR, BANARES vs MAHARAJ KISHORE KHANNA

The Supreme Court held that the Subordinate Judge in Purnea had jurisdiction to execute decrees passed by the Special Judge under the U.P. Encumbered Estates Act, 1934, as per Section 14(7) which deems such decrees as decrees of a civil court. The Court clarified that the execution could be transferred under Section 39 of the Code of Civil Procedure, 1908, and that the Additional Collector was deemed to exercise the powers of the Collector for execution purposes. The Court ruled that the application for execution was a continuation of pending proceedings, thus no limitation applied.