ARJAN SINGH ETC Vs. GURBINDER SINGH

JUDGEMENT

(1.) This is an appeal brought against an appellate order of the Additional District Judge, Jawala Dass, dated the 8th July, 1953, reversing the order of the executing Court and thus holding the application for execution was within time.

(2.) The Debt Conciliation Board of Lahore on the 19th April, 1943 made an order, which amounts to a decree, awarding to Gurbinder Singh a sum of Rs. 2,500. Execution was taken out in Lahore but it was ultimately consigned to the record room on the 17th May, 1946. No other proceeding seem to have been taken until an application was made in the Court of Subordinate Judge at Tarn Taran (Amritsar District) for execution of that decree of the Debt Conciliation Board. This was on the 10th January, 1952. An objection as taken that the application was barred by time. The objection was sustained by the executing Court but the first appellate Court rejected it.

(3.) Under Section 17(2) of the Punjab Relief of Indebtedness Act, 1934, an agreement recorded by a Debt Conciliation Board could be executed as if it were a decree of a civil Court. Ordinarily as no proceedings were taken after May 1946, in January 1952 the decree would be barred by time and it would not be executable in India without certain formalities. Of course the decree which had an Indian nationality at the time it was passed did not lose that nationality by the mere fact of partition. It was so held in Kishori Lal v. Shrimati Shanti Devi, 1953 AIR(SC) 441