D.H.M. FRAMJI AND ORS. Vs. THE EASTERN UNION BANK, LTD.
HIGH COURT OF PUNJAB AND HARYANA
D.H.M. Framji And Ors.
The Eastern Union Bank, Ltd.
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Kapur, J. -
(1.) A decree for Rs. 9816 -4 -0 and costs Rs. 1,130 -0 -9 was passed against D.H.M. Framjee, K.D. Framjee and one Sultan Ahmad in the Ct. of the Subordinate Judge, Chittagong, now in East Bengal. Some time later this decree was transferred for execution to the Dist. J., Patna, who ordered that the decree could be executed in Patna, Chittagong and Simla simultaneously. On 27 -9 -1943 the decree -holder made an application to the Sub -Judge executing the decree in Chittagong praying for the issue of a certificate of non -satisfaction to the Dist. Ct. Simla, and on 18 -11 -1943 this certificate was issued by the learned Judge of the Chittagong Ct. What happened to this certificate is not quite clear and whether it was sent to Simla or not has not been stated.
(2.) ON 16 -9 -1947 the decree -holder made another appln. for sending a certificate of non -satisfaction of the decree to the Dist. Judge at Simla, and on 12 -11 -1946 this certificate was ordered to be sent to the Dist. J. at Simla. An appln. for execution of the decree along with the transfer certificate from the Chittagong Ct. was sent by post to the Dist. J., Ambala, by Mr. Amar Chand Advocate purporting to act on behalf of the decree -holder and this was received by the Dist. J. on 8 -12 -1946. The appln. is dated 20 -11 -1946 and is accompanied by two powers -of -attorney, one in Bengali and the other in English. Both, bear the seal of the Eastern Union Bank Ltd., and are signed by one Rabindra Nath Basu claiming to be the Agent of the Dacca Branch. This was sent for execution to tho Senior Sub -ordinate Judge, Simla, by post by the learned Dist. J. with the order that the decree -holder should appear before the Senior Subordinate Judge, Simla, on 20 -12 -1946. On 19 -4 -1947 the judgment -debtor Dinshaw Framjee through his Pleader Mr. Kartar Chand filed an appln. under Order 47, Rule 1, and Section 151, Code of Civil Procedure praying for time being given for making objections against the execution appln and for cancellation of the attachment which had boon ordered by the learned Judge. This appln. was dismissed on 2 -5 -1947 and an appeal was brought to this Ct. which was allowed by Bhandari J., on 11 -7 -1948 and the case was remanded for objections being filed.
(3.) ON 31 -7 -1948 objections were filed on behalf of the judgment -debtors 1 to 3 (Framjees) in which it was pleaded that there was no proper presentation of the appln. to the Dist. J. and therefore the execution could not be proceeded with, that the power -of -attorney given to the Advocate Mr. Amar Chand had not been given by a person properly authorised, that it was not properly signed and verified, that the execution appln. did not give the particulars required under Order 21, Rule 11, Code of Civil Procedure and that the execution application was barred by time. These objections were contradicted and contested by the decree -holder. The learned Judge framed the following issues:
1. Whether the execution application was not properly presented?
2. Whether the execution application was signed and verified by a properly authorised person?
3. Is the execution appln. within time and the judgment -debtor cannot raise this objection in this Ct.?
4. Whether the judgment -debtor cannot raise the objection that the decree could not be transferred to this Ct. until the result of the execution application at Patna had been certified by the Chittagong Ct. and provisions of Section 39 were not complied with?;
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