- (1.) THIS appeal raises an important point concerning enforcement by execution of a Grosses copie of a mortgage bond, drawn up in the form of a notarial deed, under the law prevailing in the town of Chandernagore, under the French administration. In order to understand the point raised in this appeal, it is necessary for us to look into the history of the transference or cession of the free town of Chandernagore, a French territory, to the Republic of India and also into the history of the substitution of Indian laws in place of French laws, prevailing in the town. The circumstances, under which the town of Chandernagore was ceded by the French Republic to the Indian Republic, appear in the PREAMBLE to the "treaty of Cession of Chandergore" between the two countries, relevant extracts from which we quote below:- "considering that the French Government, in a spirit of friendship and understanding, decided, in accordance with letters exchanged with the Government of India on the 29th June, 1948 and in conformity with the French Constitution, to recognise that the people of the French settlements in India have the right to determine for themselves their destiny and their future status, Considering that after the consultation of the people of the Free town of Chandernagore which took place on the 19th June, 1949, the Government of the French Republic has, at the request of the Government of India, accepted the appointment, as a provisional measure, of an Indian Administrator in this territory on the 2nd May, 1950, considering that the Government of the French Republic and the Government of India have both-agreed that the Franco-Indian Commission contemplated in Article II of the Protocol annexed to the present Treaty should commence its function from the 2nd May, 1950, have decided to conclude a Treaty in order to confirm the cession by the French Republic of the territory of the free town of Chandernagore to the Government of India. "
(2.) ANTICIPATING the necessity for application of certain Indian laws to the town of Chandernagore, consequent upon the appointment of an Indian Administrator in the town, pending its formal cession to India, the Government of India exercised its powers under section 4 of the Foreign Jurisdiction Act, 1947 (at one time known as the Extra-Provincial Jurisdiction Act) and, on May 1, 1950, published an Order called the Chandernagore (Application of Laws) Order, 1950, and in Clause 3 of the said Order made the following provision:~ "the enactments specified in the Schedule to this Order shall apply to Chandernagore subject to- (a) any amendments to which the enactments are for the time being generally subject in the territories to which they extend; (b) the modification specified in the Schedule to this Order; and (c) the subsequent provisions of this Order. " "schedule year Enactments Modification applied. and restrictions 1860 The Indian Penal Code 1887 The Bengal, Agra and assam Civil Courts Act, 1887. 1872 The Indian Evidence Act, 1872. 1873 The Indian Oaths Act, 1873. 1897 The General Clauses Act, 1897. 1898 The Code of Criminal Procedure, 1898. 1908 The Code of Civil Procedure, 1908. 1950 The Preventive Detention Act, 1950. "
(3.) THE position, therefore, was that when the Indian Administrator took over the administration of the town of Chandernagore on May 2, 1950, French Laws, if any, corresponding to the enactments mentioned in the Schedule to the Chandernagore (Application of Laws) Order, 1950, became inapplicable and unenforceable and the laws mentioned in the Schedule to the Order aforesaid became applicable in their stead. Also Indian Courts took over administration of justice from the French Courts.;