UNION OF INDIA Vs. MOHIM CHANDRA DUTTA

JUDGEMENT

(1.) THIS is an appeal from an order of the learned Subordinate Judge, U. A. D., at Silchar, dated 9 -6 -1950, in Miscellaneous case No. 5 of 1950. By this order, the learned Sub -Judge disallowed the objections raised by the judgment -debtor to the execution of the decree. The Union of India is the judgment -debtor in the case and this appeal has been preferred on its behalf. The appeal was presented on 18 -8 -1950. During the pendency of this appeal in this Court, the Indian Independence Pakistan Courts (Pending Proceedings) Ordinance, 1951 (VI of 1951) was promulgated. The date of its promulgation was 29 -10 -1951. Before this appeal could be heard, the said Ordinance was replaced by the Indian Independence Pakistan Courts (Pending Proceedings) Act, 1932 (No. IX of 1952).

(2.) THE learned Government Advocate has urged first - -that in view of the provisions contained in S. 3 of the said Act, the decree in question cannot be given effect to by any Court or authority in India. He points out that if this contention prevails, it would not be necessary to decide other questions that arise from the order of the learned Subordinate Judge, which is under appeal. In this view, the learned Advocate is admittedly correct. It is, therefore, necessary first to determine if the Indian Independence Pakistan Courts (Pending Proceedings) Act of 1952, hereafter called the Act, bears giving effect to the decree. The facts bearing on this question are as follows :

(3.) SECTION 3 of the Act provides that