90 of 1949, arising out of the judgment and order dated January 25, 1949, of the Sub Judge, Purnea, in Misc.
The present appeal is by the Additional Collector, Banaras against the order of the High Court.
The Act was an Act of the United Provinces legislature which companyld number pass a legislation having effect outside the United Provinces.
Appeal from the judgment and order dated April 28, 1953, of the Patna High Court in Appeal from Original Order No.
Sir lqbal Ahmad, S. N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellant.
The matter was put in this way.
The Additional Collector, Banaras, applied to the Additional Civil Judge, Banaras, for transmission of the said decrees to the Court of the Subordinate Judge, Purnea for execution and an order for transmission of the decrees to the Court at Purnea was accordingly made by that Judge on January 4, 1947.
CIVIL APPELLATE JURISDICTION CIVIL Appeal No.
The Allahabad Bank number being satisfied with that order of priority, filed an appeal in the High Court at Allahabad which was decided in its favour.
The operation of s. 14 7 of the Act had therefore to be companyfined within the borders of the United Provinces.
The Subordinate Judge thereupon made an order directing execution to issue as sought.
C. Setalvad, Attorney General for India and R. C. Prasad, for the respondent.
The respondent preferred an appeal to the High Court at Patna from this order of the Subordinate Judge, Purnea and his appeal was allowed with the result that the execution of the decrees against the Semapur estate failed.
March 16.
A decree was passed in that suit giving the creditors priority in a certain order.
298 of 1955.
Thereafter on March 17, 1947, the Additional Collector, Banaras, applied to the Subordinate Judge, Purnea, as the transferee Court to execute the decrees by attachment and sale of the Semapur estate.
The Judgment of the Court was delivered by SARKAR, J. This appeal arises out of a proceeding in execution of an adjudication made under the provisions of the United Provinces Encumbered Estates Act, 1934 U. P. XXV of 1934 , an Act passed by the legislature of the United Provinces, number called the Uttar Pradesh.
The decree was number a decree under the Code of Civil Procedure.
