ORDER :- In all these bunch of execution applications the point has been raised for consideration as to whether in view of amendment of Section 39 with insertion of sub Section (4) of Civil Procedure Code this Court being executing Court has any authority to execute the decree passed by it against any person residing or touching property situated outside the local limit of its jurisdiction or not. One of the Learned single Judge of this Court in case of Smt. Uma Kanoria v. Pradip Kumar Daga reported in aIR 2003 Cal 162 while interpreting the amended provision of the Section has held that in view of insertion of aforesaid sub Section (4) the Court which has passed the decree, is not authorized to execute the decree against the person or property residing and situate outside the local limit of its jurisdiction. The Learned Counsels on behalf of the respective persons in all these matters have advanced argument in both ways which are summarized hereunder.

2. Mr. A. K. Mitra, Senior Advocate, while leading the argument in support of the point that this Court has not lost its jurisdiction, submits that the power of the executing Court flows from Section 38 of the Code. It will appear fro

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