KASTURI RAO Vs. MEHAR SINGH
HIGH COURT OF PUNJAB AND HARYANA
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(1.) THIS order will deal with the two execution appeals Nos. 6 (P) and 7 (P) of 1956, in both of which the same point is involved.
(2.) THE facts are that the appellant-decree-holders obtained two decrees for possession of land and the-recovery of sums of money from the Court of the Sub-Judge, Second Class, Sangrur. The decrees were passed on 10-5-1948. At that time the land being, the subject-matter of the decree was situated within the territorial jurisdiction of the Sub-Judge, Sangrur. Subsequently, the territorial jurisdiction of the Sangrur Court was altered and the land now lies within the territorial jurisdiction of the Sub Judge, Sunam. After this change two execution applications were filed by the decree-holders in the Court of the Sub Judge, sunam. An objection was taken that the execution applications could not be entertained by the Sub Judge, Sunam. This objection was upheld and the two applications for execution were dismissed. The learned District Judge of Sangrur upheld this decision on appeal. The decree-holders have come up in second appeal to this Court.
(3.) THE question, therefore, for decision is whether these execution applications should have been filed in the Court of the Sub Judge, Sangrur, or the Sub Judge, sunam, was competent to entertain them. For the decision of this case it is necessary to consider the provisions of Sections 37, 38, 39 and 150, Civil procedure Code. The relevant portions of these sections may be quoted.
"section 37. The expression "court which passed a decree," or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,- (a) x x xxx (b) Where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit. " "section 38. A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution. "
""section 39. The Court which passed a decree may, on the application of the decree-holder send it for execution to another Court,-- (a) x x xx (b) xxx (c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it. "
"section 150. Save as otherwise provided, where the business of any court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this code upon the Court from which the business was so transferred. ";
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