Judgment

KAPUR, J. : This is an appeal against the judgment and order of the High Court of Madhya Bharat at Gwalior on a certificate of that Court under Art. 133 (1) (c) and like Civil Appeal No. 24 of 1961 (1960), (Rajendra Sardar Moloji Nar Singh v. Shankar Saran, AIR 1962 SC 1737) raised the question of the applicability of the Indian Code of Civil Procedure and the question whether the decree sought to be executed was a decree of a foreign Court or not. It is a reverse case in the sense that the decree sought to be executed was passed by a Court in West Bengal - a province of what was British India. In this appeal the appellant is the judgment-debtor and the decree-holder is the respondent.

2. On December 3, 1949, a decree was passed in favour of the respondent by the Sub-ordinate Judge, Bankura, in West Bengal and a certificate of transfer was applied for on July 27, 1950, granted on August 8, 1950, and was transferred for execution on August 28, 1950. On September 25, 1950, the decree-holder took out execution in the Court of the Additional District Judge, Morena, in what was Gwalior State and subsequently became a part of the United State named Madhya Bharat and after the Cons