AYUB ALI Vs. HARINARAYAN KANU & ANOTHER

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against an order of the Subordinate Judge, U.A.D., dated 20 -12 -52, by which the objection of the judgment -debtor to the competency of the Court to proceed with the execution was disallowed. The facts giving rise to the appeal are as follows: - - The suit which ended in the decree sought to be executed, was admittedly pending on 15 -8 -47 in a Court at Sylhet. It was decreed on 30 -1 -48. The decree -holder obtained a non -satisfaction certificate, which was received by the Court at Silchar in May 1949. The application for execution was also filed in the Court of the Subordinate Judge at Silchar on 21 -5 -49. At that time the non -satisfaction certificate had been received.

(2.) THE objection of the judgment -debtor to the jurisdiction of the Court to proceed with the execution of the decree, is not sound. The case was fully covered by the provisions contained in S. 4 of the Indian Independence (Legal Proceedings) Order, 1947. The section provides that "notwithstanding the creation of certain new Provinces and the transfer of certain territories from the Province of Assam to the Province of East Bengal by the Indian Independence Act, 1947: