- (1.) THESE two appeals (E. S. A. 14 of 1954 and E. S. A. 25 of 1954) involve same questions of law which have been referred to this Full Bench and it will be convenient to decide them by this judgment.
(2.) THE facts leading to Execution Second Appeal No. 14 of 1954 are these Judgal kishore etc. , filed a suit for the recovery of Rs. 1,100/-against Gauri Shanker etc. , in the Court of the Munsif Asansol, District Burdwan (State of West Bengal ). This suit was for the refund of advance made to the defendants for supply of goods and also for compensation. The plaintiffs on 24-1-1951, obtained an ex parte decree for the entire amount claimed by them. The decree-holders are residents of Asansol while the judgment-debtors are shown in the decree-sheet as residents of Khanna Mandi, District Ludhiana (State of punjab ). Apparently the judgment-debtors own property within the jurisdiction of payal Court (Pepsu State ). The decree-holders obtained a certificate in 1953 under order 21 Rule 6. Civil Procedure Code, and the necessary papers were sent to the district Judge, Kapurthala (Pepsu) for execution. The decree-holders then applied to the Payal Court for execution on, 7-10-1953. The judgment-debtors objected to the execution of the decree inter alia on the ground that Asansol Court had no territorial jurisdiction to entertain the suit as neither did the defendants reside within its jurisdiction nor did any part of the cause of action accrue there. The judgment-debtors also pleaded in this petition that they had not submitted to the jurisdiction of the Asansol Court which was in law a foreign Court. The executing Court held that these objections could not be entertained in execution proceedings and rejected thorn without going into the merits. This decision was upheld by the District Judge, Kapurthala. The judgment-debtors' appeal to the erstwhile Pepsu High Court came up for hearing before Mehar Singh j. who in view of the importance of the questions of law involved referred the case to a Full Bench. It has now come up before us for decision.
(3.) THE facts leading to Execution Second Appeal No. 25 of 1954 are these. In september, 1950, Charanji Lal filed a suit for damages for breach of a contract dated 22-3-1950, against the appellants (Kunj Lal Brij Lal) in the court of Sub-Judge, Puri (Orissa State ). The plaintiff is a resident of Puri while the defendants are residents of Kot Kaupura (Pepsu State ). The Sub-Judge passed an ex parte decree for Rs. 1,905/10/- on 17-1-1951. The decree-holder then in due course obtained a transfer certificate and on 3-101953, applied for execution of the decree in the court of Sub-judge, Faridkot (Pepsu State ). The judgment-debtors raised objections of the nature filed in the previous case. These objections were also dismissed and ultimately their appeal before the erstwhile Pepsu High Court was also referred to a Full Bench.;