Supreme Court of India · 1962-04-30
HANSRAJ NATHU RAM vs LALJI RAJA & SONS OF BANKURA
- Citation / case number
- SC 1956/148
- Court
- Supreme Court of India
- Petitioner
- HANSRAJ NATHU RAM
- Respondent
- LALJI RAJA & SONS OF BANKURA
- Author
- KAPURL.,SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA,MUDHOLKARR.
- Bench
- KAPUR, J.L.,SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the decree from West Bengal could not be executed in Morena as the Indian Code of Civil Procedure was not applicable there until April 1, 1951, under Act 2 of 1951. The Court ruled that sections 38 and 39 of the Code were inapplicable for transferring the decree to Morena, which was not recognized as a court under the Indian Code at the time. Additionally, the Foreigners Act was deemed irrelevant for determining the nature of the decree, as execution is governed by the Code of Civil Procedure, not the Foreigners Act.