PUNJAB CO-OPERATIVE BANK Vs. L BIKRAM LAL

JUDGEMENT

(1.) IT will be convenient to deal with Execution first Appeal No. 47 of 1951 and execution First Appeal No. 48 of 1951 together as the points involved in both the appeals are the same.

(2.) THE facts out of which Execution First Appeal No. 47 of 1951 has arisen are these. The Punjab Co-operative Bank Ltd. . obtained a mortgage decree for Rs. 30,0007- against Piare Lal on 31-8-1930 from the Court of the Additional District judge Lahore. The Bank obtained an order from the Lahore Court for transfer of the decree to Feroze-porc under Section 39, Civil Procedure Code. The Bank then applied to the Court of the Senior Sub-Judge Ferozepore for execution of that decree on 22-4-1943 and it was dismissed on 18-6-1943 after partial satisfaction. The Bank then applied again on 3-1-46 for execution of the decree but this time the application was made against the legal representatives of the Judgment-debtor as Piare Lal had died in the meanwhile. This application was also dismissed on 72-' 1947 and on the same date a fresh application was made for realisation of Rs. 8,824/12/4 as balance due under the decree. The legal representatives filed objections on 20-5-1947 urging inter alia' that only the Court which passed the decree could order execution against the legal representatives under Section 50 civil Procedure Code, the parties' evidence On the other issues involving questions of fact was concluded on 20-12-1947 and two days later the legal representatives raised a new objection and that was to the effect that as the Lahore Court was a foreign court its decree could not be executed by an Indian Court. This objection was however overruled by order dated 6-2-1948. Thereafter the executing Court held that under Section 50, Civil Procedure Code, the application for imp leading the legal representatives lies to the Court which passed the decree and ordered on 215-1948 that proceedings be stayed till the decree-holder Bank obtains the necessary orders from the Lahore Court. It appears that the Bank had already approached the Lahore Court on 12-3-1948 for that purpose and that Court by order dated 21-5-1948 impleaded three sons and the widow of the deceased judgment-debtor. Another application was made to the Lahore Court for impleading Basant Lal malhotra another son of the judgment-debtor and that this application was granted by an order dated 15-10-1949. The execution proceedings were then resumed in the Feiozepore Court and the execution application was dismissed on the ground that it was not filed in accordance with law as an application for execution against the legal representatives could only be made in Lahore and after 15-8-1947 that being a foreign Court could not deal with the matter. It is against this decision that the Bank has appealed to this Court (Execution First Appeal No. 47 of 1951 ).

(3.) THE facts out of which Execution First Appeal No. 48 of 1951 has arisen are these. The Bari Doab Bank Ltd. , had obtained a money decree for Rs. 24065/10/against the same Piare 1,31 on 26-10-1934 from the Court of Sub Judge 1st Class lahore. The Bank got the decree transferred to Ferozepore under Section 39, Civil procedure Code. The Ferozepore Court dismissed the application on 30-10-1942. The Bank filed a fresh application on 18-10-1945 for realisation of Rs. 6923/8/-as balance due under the decree. The proceedings were stayed under Section 6 of the Soldiers (Litigation) Act 1925 by order dated 1-3-1946 as Bikram Lal one of the sons and the legal representative of Piare Lal was on active 'service. The execution proceedings were resumed on 12-4-1947. Thereafter the proceedings in this case and in the case of Punjab Co-operative Bank Ltd. were taken together. The same objections were filed by the legal representatives and the same orders were passed thereon as narrated above. The only difference is that the Lahore Court brought the legal representatives on record on 1-7-1949 and the oral evidence was recorded in this case and was made with the consent of the parties in the case of the Punjab Co-operative Bank Ltd. The appeal of the Bari doab Bank Ltd. , is numbered as Execution First Appeal No. 48 of 1951.