S.S. SAID-UL-HAMID Vs. THE FEDERAL INDIAN ASSURANCE CO. LTD.
HIGH COURT OF PUNJAB AND HARYANA
S.S. Said -Ul -Hamid
The Federal Indian Assurance Co. Ltd.
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Harnam Singh, J. -
(1.) TO appreciate the point of law arising in these proceedings the facts must be set in some detail.
(2.) ON 27 -6 -1947 Shri Jagdish Narain, Commercial Subordinate Judge, 1st Class, Lahore passed a decree for Rs. 5250 in favour of S.S. Said -ul -Hamid against the Federal Indian Assurance Co. Ltd., Connaught Place, New Delhi. The decree was transferred to the Court of the District Judge at Delhi. Execution was seed out in the Court of the Senior Subordinate Judge at Delhi, but the decree -holder having defaulted in appearance on 11 -10 -1947, the execution proceedings were dismissed in default. Execution was then applied for on 15 -4 -1948. The judgment debtor resisted the execution of the decree inter alia on the following grounds: (l) that the transfer of the decree for execution to the Court at Delhi was illegal; (2) that non -satisfaction of the decree having been certified to the transferring Court, the executing Court had become functus officio; (3) that the decree being of a foreign Court was not executable at Delhi after the partition of India into two separate Dominions; and (4) that the petition for execution was neither signed nor verified by the decree holder.
(3.) IN the executing Court the objections set out at Nos. (1), (2) and (4) supra were not pressed. On the third objection the executing Court found that the decree sought to be executed, being decree of a foreign Court, was not executable in Courts in the Delhi Province. In the result, the executing Court dismissed the application for execution, leaving the parties to bear their own costs.;
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