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Chogalal Vs. Major Trueman - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom481
AppellantChogalal
RespondentMajor Trueman
Excerpt:
decree - execution--jurisdiction--the code of civil procedure, sections 239 to 244--nasirabad. - .....question an open one, but we do not think it is, nasirabad is in british territory. the code of civil procedure was introduced into ajmir by a notification in the calcutta, government gazette of 1861, page 502; and nasirabad is a part of the province of ajmir. the intention of the civil procedure code, as shown by sections 239 and 242, is manifestly that a court to which a decree is sent for execution by another under the same government, and the same law of procedure, shall not take on itself the trial of whether the court which passed the decree had jurisdiction to make it or not. in case of doubt, the court where execution is sought may adjourn the execution in order to enable the party interested to make an application to the court passing the decree. thence the applicant may of.....
Judgment:

West, J.

1. A copy of a decree of the Court of the First Class Subordinate Judge at Nasirabad having been sent for execution to the District Court at Belgaum, the District Judge has refused to execute it, on the ground that the Nasirabad Court had not jurisdiction to make the decree. Poona, the District Judge has found, was the seat of the obligation merging the earlier one, the locality of which was Nasirabad. There might be some room for this contention were the question an open one, but we do not think it is, Nasirabad is in British territory. The Code of Civil Procedure was introduced into Ajmir by a notification in the Calcutta, Government Gazette of 1861, page 502; and Nasirabad is a part of the province of Ajmir. The intention of the Civil Procedure Code, as shown by Sections 239 and 242, is Manifestly that a Court to which a decree is sent for execution by another under the same Government, and the same law of procedure, shall not take on itself the trial of whether the Court Which passed the decree had jurisdiction to make it or not. In Case of doubt, the Court where execution is sought may adjourn the execution in order to enable the party interested to make an application to the Court passing the decree. Thence the applicant may of course proceed by appeal, if dissatisfied, in the ascending scale of Courts until he reaches the highest of the province in which the decree was made. It is intended that the decree of this Court, or of the lower Court at which proceedings in the suit have ceased, shall be conclusive. A contrary rule would virtually subject the decrees of the Civil Courts to revision and reversal by superior Courts (or even equal or inferior ones) to which they are not subordinate. When the time allowed for an application, if any, has elapsed, the Court to which the decree has been sent, must accept it as a valid one without going into further inquiries, or overruling the judgment of the Court which tried the case. We, therefore, reverse the order of the District Court of Belgaum with costs, and direct that execution proceed according to law.


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