MUNNILAL KAILASH CHANDRA Vs. AKABAI D/O MALHARRAO

JUDGEMENT

(1.) This revision raises an interesting point. The question is whether the Rules made by the High Court at Nagpur in exercise of the powers conferred under Section 122 of the Code of Civil Procedure (hereinafter called 'The Code') and which were in force in the former State of Madhya Pradesh as it existed before the Reorganization of States on 1-11-1956, are enforceable in that territory of the new Madhya Pradesh which upto 31-10-1950 was called the Part B State of Madhya Bharat.

(2.) The material facts are these. In execution of a decree against Kailash Chandm (judgment-debtor), Akabai (decree-holder) got his house attached. Munnilal and others filed an objection petition under Order 21 Rule 58 of the Code of Civil Procedure on 13-3-1959. Without deciding that petition, the executing Court fixed 1-7-1959, for the sale of the house. The objectors then filed an application on May 8, 1959 praying that the sale be stayed until the disposal of their objection petition. The executing court rejected this application, by applying Rule 58(2) of Order 21 of the Code of Civil Procedure as amended by the Nagpur High Court. Aggrieved by the same the objectors have filed this revision petition.

(3.) The contention of Shri Swami Saran, learned counsel for the petitioners is that the decree was passed by and is being executed in a Court at Gwalior, and Gwalior was a part of the former Madhya Bharat State so that unless and until the Rule made by the Nagpur High Court is adapted in the new State of Madhya Pradesh, it can have no application to this execution.