GAUHATI BANK LTD. Vs. SANTIRAMJAN DAS GUPTA

JUDGEMENT

(1.) THIS appeal is from an order of the Subordinate Judge at Nowgong covering Money Execution Cases Nos. 31, 32, 33 and 60 of 1955 of that court. The main point that arose for consideration is whether a decree could be executed in any of Subordinate Courts on the basis of a certificate under Section 45D of the Banking Companies (Amendment) Act, 1953.

(2.) IN this view the contention of the judgment -debtor must prevail and the decree or decrees cannot proceed in the lower court without a valid transfer by an order of this Court.

(3.) I agree.