HANSRAJ NATHU RAM versus LALJI RAJA & SONS OF BANKURA

Citation: [1963] 2 S.C.R. 619 · Decided: 30-04-1962 · Supreme Court of India · Bench: S.K. DAS · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

2 S.C.R. 
SUPREME COURT REPORTS 
619 
therefore as i• stood after the amendment of June 
3, 1951 is of no assistance to the decree-holder. 
Section 43 was further amended by Act IC of 
195! and the words as they stand at present have 
already been set out. The appellant rightly does 
not contend that s. 43 as it now stands applies to 
the present decrees .. 
Our conclusion therefore is that the Allahabad 
Court bad no power to execute the decree either 
under sections 38 or under ss. 43 or 44 of the Code 
of Civil l'rocrdure. Therefore, eTcD if the deeree was 
not a foreign decree, the decree-holder's application 
for execution was rightly dismissed. 
Tbe appeal is accordingly dismissed with 
costs. 
Appeal dismissed. 
HANSRAJ NATHU RAM 
v. 
l.ALJI itAJA & SONS OF BANK.URA 
( J. L. KAPUR, A. K. SARKAR, K. c. DAS 
GuPTA, N. RAJAGOPALA AYYANGAR and 
J. R. MUDHOLKAR, JJ.) 
Execution of Decree-Trans/e"' to a court UJ/iere Indian 
Cnde of Civil Proceaure not extentle<l -If exeoutabk-Foreign 
aecre.e-Foreigners Act, 1946 (31of1946), s. 2(a) (iii)-Coae 
of Civil Procedure (Act V of 1908), 81. 38, 39, 43, 44. 
A decree passed in favour of the respondent by a 
Subordinate Judge of West Bengal was transferred for execu· 
lion ·on August 28, 1950 to the Court of the Additional 
District Judge of Morena in what was originally Gwalior 
State and subsequently became a part of the United States of 
'Madnya Bharat· and aftn the Constitution State of Madhya 
Bharat. On the date when the decree wa. transferred, IJle 
1962 
Raj Raj"end,a Sardar 
Maloji Marsingh 
Rao Skito,/1 
y 
Shankar Saran 
Das Gupta J. 
1962 
A/1ri/ 30. 
1161 
HtmWoj Nrtltu Rsm 
•• 
Lalji Ra.i fl: S on.i 
oJ Barikura 
620 SUPREME COURT REPORTS (11163] 
Courts in Madhya Bharat were governed by the Indian Code 
of Civil Procedure as adapted by 1he Madhya Bharat Adapt· 
atio11 Order of 1948 but the power of transfer by the Court 
of Bankura was governed by ss. 38 and 39 of the Indian Code 
of Civil Procedure. On the judgment debtor's objection the. 
application for execution was dismissed but the appeal against 
that order was allowed by the High Court. The appellant 
contended that the Court had no power to transfer the decree 
under s. 38 to the Court in Morena. The question wa• with 
regard to the applicability of the Indian Code of Civil 
Procedure and whether the decree sought to be executed 
was a decree of a foreign Court or not. 
field, that the Court at Morena not being a court,- to 
which 
Indian Civil Procedure Code applied, the decree 
could not be transferred to it under the Indian Code of 
Procedure and SS. 38 and 39 were inapplicable to justifv 
such a transfer. 
The Indian Civil Procedure Code was not extended to 
Madhya Bharat till April 
I, 1951, by the Act 2 of 1951. 
The decrees of foreign courts were under the Gwalior Court 
of which Morena was a part, not executable under s. 233 
which required a suit to be brought on the basis of foreign 
decree under not the Madhya IJharat Court of Civil Procedure. 
Helcl, further, that the Foreigners Act is not relevant 
for the purpose of finding out whether the decree was a 
foreign decree or not because the execution of decree is 
gove~ned by the provisions of the Code of Civil Procedure 
anrl not by F orcigners Act. 
A ser-tion of an enactment has to be intcrprf".ted as it 
i~ and a Court cannot read it as if its language wa~ diffe:-
en t from what it actually is. 
CIVIL APPELLATE JURISDICTION: Civil Appeal 
No. 17!1 of 1956. 
Appeal 
from the judgment and order . dated 
N ovcm ber J 5, 1954, of the former Madhya Pradesh 
High Court at Gwalior in C. F. A. No. 9 of 1!151. 
Ganpat Rai, for the appellant. 
N. 8. Bindra and D. D. Sharma for· the 
re11pond1ont. 
. ·• 
J 
, 
. 
\ 
2 S.C.R. 
SUPREME COURT REPORTS 
621 
1962. April 30. The Judgment of.the Court 
was delivered by 
KAPUR, J.-This is an appeal against the 
judgment and order of the High Court of Madhya 
Bharat at Gwalior on a certificate of that Court 
under Art. 133 (l) (c) and like Civil Appeal No. 24 
of 1961, raised the question of the applicability of 
the Indian Code of Civil Procedure and the question 
whether the decree sought to be executed was a dec-
ree of a foreign Court or not. It is a reverse case in 
the sen8e that the decr;,e sought to be executed 
was passed by a Court in West Bengal-a province 
of what was British India. In the appeal the appel-
lant is the judgment-debtor and the decree-holder 
is th" respondent. 
On Deoember :i, 1

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