STATE BANK OF INDIA Vs. KULWANT SINGH

JUDGEMENT

(1.) A decree for Rs. 52,807.92 paisa was passed in favour of the appellant. In execution of the decree, House No. 943, Sector 40-A, Chandigarh (M.I.G. II) was attached. Narinder Nath Bagga filed objections under Order 21, Rule 58, read with Sections 161 and 60 of the Code of Civil Procedure. The objections were allowed by the Sub Judge vale order Dt. February 2, 1987. The State Bank of India has come up in appeal to this Court against the order of the executing Court.

(2.) Section 39 of the Punjab Courts Act, 1918 , as applicable to the State of Haryana, provides that save as otherwise provided, all appeals from a decree or an order of a Sub Judge shall lie to the District Judge irrespective of the value of the original suit. Sub-section (4) of the Section 39 provides that if any appeal against a decree or an order provided for under sub-Section (1) of Section 39 is pending in the High Court, the same has to be transferred to the District Judge exercising original territorial jurisdiction, for disposal. The provisions of the Punjab Courts (Haryana Amendment), Act, 1978, were extended to the Union Territory by Notification No. GSR 1158(E) published in the Extraordinary Gazette of the Chandigarh Administration, (Govt. of India, Ministry of Home Affairs) on December 28, 1988. In view of the extension of these provisions to the Union Territory Chandigarh, an appeal against the order of the Sub Judge has to be transferred to the District Judge Chandigarh for disposal. Consequently, this appeal stands transferred to the District Judge, Chandigarh.

(3.) The parties, through counsel, are directed to appear before the District Judge Chandigarh on 5-2-1990. The learned judge can either dispose of the appeal herself or sent it to the Additional District Judge Chandigarh for disposal. However, the learned judge shall ensure that the appeal is disposed of expeditiously, preferably within a period of three months from the date of entrustment. Ordered accordingly.