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PETITIONER: SRIMATI ASHALATA DEBI AND OTHERS
Vs.
RESPONDENT: SRI JADU NATH ROY AND OTHERS.
DATE OF JUDGMENT: 26/04/1954
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 409 1955 SCR 150
ACT: Indian Independence, (Legal Proceedings) Order, 1947, para. 4 (2)-New decree passed in proceedings under section 36 of Bengal Money. Lenders Act, 1940, pending in the Court of Subordinate Judge, Alipore, on the 15th August, 1947-Bulk of properties in respect of the new decree situated in East Pakistan -Appeal filed after 15th August, 1947-Whether competent to Calcutta High Court Bengal Money Lenders Act, 1940 (Act X of 1940), section 36(2)-New decree-Default made by judgment-debtor-Application by decree-holder for re- restoration of properties-An application for execution -Orders on such application-Appealable.
HEADNOTE: Para. 4(2) of the Indian Independence (Legal Proceedings) Order,-1947, runs as under:- " 4. Notwithstanding the creation of certain new Provinces and the transfer of certain territories from the Province of Assam to the Province of East Bengal by the Indian Independence Act, 1947............... (2)Any appeal or application for revision in respect of any proceedings so pending in any such Court shall lie in the Court which would ...