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1951 Supreme(Cal) 108

GUHA, R.P.MOOKERJEE
PROTAP KUMAR SEN – Appellant
Versus
NAGENDRA NATH MAZUMDAR – Respondent


Advocates Appeared:
CHANDRA SEKHAR SEN, JAJNESWAR MAJUMDAR, MURARI MOHAN MITRA, Panchanon Pal

R. P. MOOKERJEE, J.

( 1 ) ON 30-5-1947, the pltfs. petnrs. filed a suit in the Court of the Subordinate Judge at Jessore, then a part of undivided Bengal. In pursuance of an order passed by the Subordinate Judge certain properties, belonging to the deft. situate within the district of 24 Pergannas, were on 28-6-1947, attached before judgment through the Dist. J. at Alipore. When the suit was so pending in the Jessore Court under the Indian Independence Act, 1947 (10 and 11 Geo. VI, c. 30) two new Dominions came into existence with effect from 15-8-1947; and among others the then Province of Bengal was partitioned between the two said Dominions, India and Pakistan.

( 2 ) THE suit pending in the Jessore Court was decreed ex parte on 9-12-1948 On 3-8-1949, the pltfs. D. Hs. applied before the Subordinate Judge at Jessore, then situate within the Dominion of Pakistan, for a certificate of non-satisfaction under Order XXI, RULE 6, Civil P. C. The certificate of non-satisfaction was accordingly issued on 18-8-1949, and was received by the Dist. J. of Alipore, within the district of 24-Pergannas, West Bengal, situate within the Dominion of India. On 22-5-1950, the Dist. J. of Alipore di









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