PACHUPUR SARASWATI BANK, LTD Vs. MAZA MONDAL

JUDGEMENT

(1.) An application having been made under Sub-section (8) of Section 37A of the Bengal Agricultural Debtors Act to the Subordinate Judge, West Dinajpur, objection, was taken of behalf of the opposite parties that as under Sub-section (8) the application has to be made to the civil court at whose order the property was sold and the sale was held by what was then the Subordinate Judge's court, Dinajpiir, on February 5, 1936, the Subordinate Judge's court, West Dinajpur, could not entertain this application. The learned Subordinate Judge rejected this application, as, in his view, the jurisdiction of the Dinajpur court for passing an order under Sub-section (5) of Section 37A must be deemed to have vested in his court in view of the provisions of Section 10 of the Indian (Adaptation of Existing Indian Laws) Order, 1947. On appeal the learned Additional District Judge, West Dinajpur, held that Section 10 of the Indian (Adaptation of Existing Indian Laws) Order, 1947, was not applicable to the present case but that on an analogy to the provisions of Section 37 of the Code of Civil Procedure, the application under Sub-section (8) of Section 37A of the Bengal Agricultural Debtors Act was rightly made to the Subordinate Judge's court, West Dinajpur.

(2.) It is contended before us on behalf of the Appellant decree-bolder that Section 37 of the Code of Civil Procedure has no application and that assuming Section 10 of the Indian (Adaptation of Existing Indian Laws) Order, 1947, does apply, the matter has to be sent to the local Government for deciding what adaptation should be made.

(3.) We have come to the conclusion that this question, namely, whether Section 37 of the Code of Civil Procedure has any application or whether Section 10 of the Indian (Adaptation of Existing Indian Laws) Order, 1947, should be applied does not fall to be considered in the present case inasmuch as the effect of the notification under which the court before which the application was filed was created is that it has to be deemed to be the same court as the court at whose order the property was sold. This notification is No. 5963J., dated October 17, 1947, and was published in the Calcutta Gazette of November 6, 1947. It is in these words: