The Indian Independence (Legal Proceedings) Order, 1947, was not repealed by the Constitution of India and is still a part of the law in force in India, and it ensures the necessary contact between the originating court and the transferee court to enable the execution of a decree.

( 1 ) THIS is an appeal on behalf of the judgment-debtor from an order dismissing his application under Section 47, Civil P. C. objecting to the execution of a decree obtained by the respondents against him as far back as 4-4-1938, for arrears of putni rent in a court of Jessore, now in East Pakistan. The decree was transmitted by the Jessore Court to an Alipore Court on 31-10-1946, and on 1-3-1947, the decree-holders applied for execution there against certain properties of the judgment-debtor in Calcutta. The first objection under Section 47, Civil P. C. was filed on 3-4-1947, and the decree-holders supplied for the appointment of a receiver in respect of the properties against which they wanted to proceed in execution. On 24-5-1947, the objection of the appellant to the execution, was dismissed and the petition for appointment of a receiver was allowed and the judgment-debtor himself was selected for such appointment. But as he neither took out the writ nor intimated his willingness to act as receiver, a lawyer was selected in his place for appointment as receiver on 14-7-1947. The actual order of appointment, however, on the acceptance of a security bond furnished by the Receiver as directed by the court was not issued till 16-3-1953. The objection out of which this appeal arises was filed on 18-4-1953, an objection on the same grounds had been filed earlier on 10-1-1953 and both were taken up together and dismissed by am order dated 19-6-1953. This is the order now appealed from.

( 2 ) ON 3-4-1947, the judgment-debtor had filed an application under Section 47, Civil P. C. on the ground that the execution against properties other than the defaulting tenure was barred under Section 168a, Bengal Tenancy Act. That was dismissed up to the Supreme Court, the judgment of the Supreme Court being dated 24-4-1952.

( 3 ) THE only point argued by Mr. Sen on behalf of the appellant is that the Alipore Court has no longer any jurisdiction to proceed with the execution of a decree passed by a court which has become a foreign court since 15-8-1947 the Indian Independence Act of 1847 and its offshoot the Indian Independence (Legal Proceedings) Order, 1947, under which the Alipore Court acquired jurisdiction having both ceased to be law in the Indian Republic, the first by reason of its repeal under Article 395 of the Constitution and the second because of a variety of reasons assigned by Mr. Sen and to be examined by me as I proceed.

( 4 ) IT is contended by Mr. Sen that on the repeal of the Indian Independence Act, 1947, the Indian Independence (Legal Proceedings) Order, 1947, has automatically lapsed on the following grounds: (i) The parent Act which was of a temporary and transitional character having been repealed, the Indian Independent (Legal Proceedings) Order, 1947, equally temporary and transitional in character, cannot continue after the repeal of the parent Act which contains no saving clause as regards the continuance of things done etc. under the Act; (ii) Explanation III in Article 372 of the Constitution makes it clear that the Indian Independence (Legal Proceedings) Order being a temporary law is not continued by Article 372; (iii) Explanation I in the same Article indicates that this Order is not included in the expression "law in force" in the Article, because it is not a law passed by a Legislature or other competent authority in the territory of India before the commencement of the Constitution and not previously repealed, but it was a law made by the Governor-General of British India which is not the same as the territory of India as defined in Article 1 (3) and not adapted under Article 372 (2); (vi) Article 395 expressly repeals the Indian Independence Act together with all enactments amending or supplementing the Act.

( 5 ) THE Indian Independence Act, 1947, though meant to bring about a transformation of British India into two Dominions and as such of a transit tional nature, is not by any means