LAKHPAT RAI SHARM Vs. ATAMA SINGH

JUDGEMENT

(1.) THIS is an appeal from the judgment of the learned Dist. Judge, Jullundur, dismissing the execution application filed by the appellant (decree-holder) on the ground that it did not lie in view of the fact that the judgment-debtor had been adjudged an insolvent. This matter arose in the following circumstances:-

(2.) ON the 22nd September, 1954, Lakhpat Rai appellant obtained a money decree for $ 9,104. 80 (Dollars Nine thousand one hundred and four and cents eighty) and $ 231/- (Dollars two hundred and thirty one) as costs against Atma singh respondent from the High Court of Singapore. On 12th January, 1959, the decree-holder applied for the execution of the decree under section 44-A of the code of Civil Procedure in the Court of the District Judge at Jullundur, and sought to execute this decree against the immovable property of the judgment-debtor situate in the district of Jullundur. Along with the execution application the decree-holder attached a certified copy of the decree passed in his favour. He also filed a certificate, dated the 4th March, 1959, of non-satisfaction of his decree, obtained from the High Court at Singapore.

(3.) THE judgment-debtor filed objections to the execution on the ground that he had been adjudged an insolvent by the High Court at Singapore on the 22nd July, 1955, and consequently the decree-holder could not execute the decree against him and his remedy lay by way of filing an application to prove his debt before the official Assignee at Singapore.