Appeal from the judgment and order dated November 15, 1954, of the former Madhya Pradesh High Court at Gwalior in C. F. No.
43 and 44 were amended in that Code that we have done in C. A. No.
It is unnecessary to set out the various sections of the Indian Code of Civil Procedure or to trace the various steps by which as.
On the judgment debtors objection the application for execution was dismissed on December 29, 1950, but the appeal against that order was allowed by the High Court on November 15, 1954.
On September 25, 1950, the decree holder took out execution in the Court of the Additional District Judge, Morena, in what was Gwalior State and subsequently became a part of the United State named Madhya Bharat and after the Constitution the Part B State of Madhya Bharat.
S. Bindra and D. D. Sharma for the respondent.
On December 3, 1949, a decree was passed in favour of the respondent by the Subordinate Judge, Bankura, in the West Bengal and a certificate of transfer was applied for on July 27, 1950, granted on August 8, 1950, and was transferred for execution On August 28, 1950.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by KAPUR, J. This is an appeal against the judgment and order of the High Court of Madhya Bharat at Gwalior on a certificate of that Court under Art.
133 1 c and like Civil Appeal No.
In the appeal the appellant is the judgment debtor and the decree holder is the respondent.
April 30.
173 of 1956.
On the date when the decree was transferred the Courts in Madhya Bharat were governed by the Indian Code of Civil Procedure as adapted by the Madhya Bharat Adaptation Order of 1948 but the power of transfer by the Court at Bankura was governed by ss.
It is a reverse case in the sense that the decree sought to be executed was passed by a Court in West Bedford province of what was British India.
24 of 1961, raised the question of the applicability of the Indian Code of Civil Procedure and the question whether the decree sought to be executed was a dec ree of a foreign Court or number.
Ganpat Rai, for the appellant.
9 of 1951.
