GHANSHYAMDAS Vs. GAMBHIR MAL

JUDGEMENT

(1.) THESE are two connected execution second appeals, by one of the judgment-debtors named Ghanshyam Das, arising out of the execution of a decree for money passed by the Sudder Adalat of the then State of Jaisalmer on 27-12-45.

(2.) NO codified law was in force in that Shite but justice was administered in accordance with the principles underlying the laws which were in force in British india. Under notification No. 925/1554-G/46 dated 1st March 1946 the Code of civil Procedure and some other Acts in force in British India were adopted "with due adaptation to local conditions in regard to the constitution and power of the courts and such recognised customs or old practice as is not immoral or is opposed to public policy". One of the modes for executing a money decree which was in vogue in that State was that on the application of the decree-holder for execution, immovable property of the judgment-debtor was attached on the former's nishan-dehi and the decree-holder was put into possession of it. He was entitled to retain possession, till the judgment-debtor paid the decretal amount to him. This mode of execution of money decrees was not regarded as immoral or opposed to public policy and continued after the issue of the above notification.

(3.) THE decree-sheet was drawn up on 11-9-47 and on 28-9-47 the first execution application was filed by the decree-holders. The prayer made in this application was that relief may be granted by executing the decree. On this execution application notices under Order 21, Rule 22 were issued to all the judgment debtors. ' Notice was sent to Ghanshyam Das appellant by registered post. He refused to accept it and the envelope containing the notice was received by the court with the endorsement of refusal made on it by the postal authorities. This was regarded as sufficient service by the executing Court and this fact was recorded in the order-sheet dated 5-9-48.