SOURINDRA KUMAR SAHA Vs. BIBHUTI ROY

JUDGEMENT

(1.) THIS appeal raises an important point concerning enforcement by execution of a Grosses copie of a mortgage bond, drawn up in the form of a notarial deed, under the law prevailing in the town of Chandernagore, under the French administration. In order to understand the point raised in this appeal, it is necessary for us to look into the history of the transference or cession of the free town of Chandernagore, a French territory, to the Republic of India and also into the history of the substitution of Indian laws in place of French laws, prevailing in the town. The circumstances, under which the town of Chandernagore was ceded by the French Republic to the Indian Republic, appear in the PREAMBLE to the "treaty of Cession of Chandergore" between the two countries, relevant extracts from which we quote below:-

(2.) ANTICIPATING the necessity for application of certain Indian laws to the town of Chandernagore, consequent upon the appointment of an Indian Administrator in the town, pending its formal cession to India, the Government of India exercised its powers under section 4 of the Foreign Jurisdiction Act, 1947 (at one time known as the Extra-Provincial Jurisdiction Act) and, on May 1, 1950, published an Order called the Chandernagore (Application of Laws) Order, 1950, and in Clause 3 of the said Order made the following provision:~

(3.) THE position, therefore, was that when the Indian Administrator took over the administration of the town of Chandernagore on May 2, 1950, French Laws, if any, corresponding to the enactments mentioned in the Schedule to the Chandernagore (Application of Laws) Order, 1950, became inapplicable and unenforceable and the laws mentioned in the Schedule to the Order aforesaid became applicable in their stead. Also Indian Courts took over administration of justice from the French Courts.