(1.) This is an application for revision of an order passed by the Munsif refusing to issue an order for attachment in respect of moneys payable by a person now resident in East Pakistan.
(2.) The present petitioner obtained a decree from the Court at Alipore against the opposite party who was at that time a resident within the jurisdiction of that Court and was serving as an Inspector under the Calcutta Police. The opposite party having opted for Pakistan as from after 15th August 1947, he is now stated to be acting as an Inspector of Police at Dacca. The decree of the Alipore Court was put into execution in that Court. The decree-holder prayed for the realisation of the balance of her decretal dues by attachment of the salary of the opposite party payable at Dacca. The petitioner accordingly prayed for the issue of a writ of attachment of the salary of the opposite party under the provisions contained in Rule 28 of Order 21, Civil P. C. The writ of attachment was returned unexecuted from the Court in East Pakistan with the endorsement that the writ should be sent through the proper diplomatic channel. The Deputy High Commissioner for India in East Pakistan was approached and he intimated to the Munsif at Alipore that the Government of India had not laid down any procedure for levying attachment through the Deputy High Commissioner. The decree-holder petitioner then applied to the Alipore Court for requesting the Central Government for the realisation of the balance of the decretal dues. By an order, dated 4th April 1949, the learned Munsif dismissed the execution case on the ground that the attachment process was not cap-able of execution in view of the fact that the judgment-debtor was living in another Dominion. It is against this order that the present rule has been obtained.
(3.) It is now incontestable that the Dominions of India and Pakistan are now two separate sovereign and foreign states. A Court in India has no authority on any Court or Officer resident in the other Dominion. An order may be passed by a Court only if such an order can be enforced though the person or party refuses to carry out that order.