PROTAP KUMAR SEN Vs. NAGENDRA NATH MAZUMDAR

JUDGEMENT

(1.) On 30-5-1947, the pltfs. petnrs. filed a suit in the Court of the Subordinate Judge at Jessore, then a part of undivided Bengal. In pursuance of an order passed by the Subordinate Judge certain properties, belonging to the deft. situate within the district of 24 Pergannas, were on 28-6-1947, attached before judgment through the Dist. J. at Alipore. When the suit was so pending in the Jessore Court under the Indian Independence Act, 1947 (10 & 11 Geo. VI, c. 30) two new Dominions came into existence with effect from 15-8-1947; & among others the then Province of Bengal was partitioned between the two said Dominions, India & Pakistan.

(2.) The suit pending in the Jessore Court was decreed ex parte on 9-12-1948 On 3-8-1949, the pltfs. D. Hs. applied before the Subordinate Judge at Jessore, then situate within the Dominion of Pakistan, for a certificate of non-satisfaction under Order XXI, RULE 6, Civil P. C. The certificate of non-satisfaction was accordingly issued on 18-8-1949, & was received by the Dist. J. of Alipore, within the district of 24-Pergannas, West Bengal, situate within the Dominion of India. On 22-5-1950, the Dist. J. of Alipore directed the return of the certificate of non-satisfaction to the Court of the Sub-ordinate Judge at Jessore inasmuch as the decree passed by the Jessore Court was not capable of execution by the Alipore Court in another Dominion. It is against this order that the pltfs. have obtained this Rule.

(3.) In spite of service of notice being effected on the J. D. opposite party on two occasions, no appearance has been entered in this Court on behalf of the opposite party. Notice having been issued on the Advocate General of West Bengal under Rule 1, Order XXVIIA, Civil P. C , we have had the advantage of hearing the Govt. Pleaders.