MAHIM CHANDRA DATTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application for leave to appeal to the Supreme Court of India. Leave is sought under the provisions contained in Article 133, Clause (1) (c), Constitution of India read with Section 109(c), Civil P. C., and also under Article 132 (1) of the Constitution.

(2.) THE order of this Court sought to be appealed from was passed in an appeal from the order of the learned Subordinate Judge, U. A. D, at Silchar in Misc. case No. 5 of 1950. The learned Subordinate Judge had disallowed certain objections raised by the judgment -debtor (the Union of India) to the execution of the decree. The judgment -debtor appealed to this Court. This appeal succeeded, but not on the basis of the objections that were raised to the execution of the decree in the Court of the learned Subordinate Judge. During the pendency of the appeal in this Court, the Indian Independence Pakistan Courts (Pending Proceedings) Ordinance, 1951 (6 of 1951) was promulgated. Before the appeal could be heard, the Ordinance was substituted by the Indian Independence Pakistan Courts (Pending Proceedings) Act of 1952 (9 of 1952).

(3.) ON behalf of the decree, holder, two contentions were raised, namely, -(1) that the Act was not intended to have any retrospective effect, and that in any case, it could not be applied to pending proceedings; and (2) that the Act itself was ultra vires inasmuch as it offended against certain provisions contained in the Constitution. These contentions did not prevail for the reasons given in the order of this Court.