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1949 Supreme(Cal) 76

R.P.MOOKERJEE, K.C.CHUNDER
Dominion of India – Appellant
Versus
Hiralal Bothra – Respondent


Advocates:
Bhabesh Narayan Bose - for Petitioner. Sushil Chandra Dutta - for Opposite Party.

Judgement

R. P. MOOKERJEE, J. :-The decree-holder opposite party obtained a decree on 15th May 1947, from the Court of Munsif, Jamalpur, within the district of Mymensingh, against The Governor General of India in Council, New Delhi and B.A. Railway, having its Head Office at 3 Koila-ghat Street, Calcutta. The nature of particulars of the claim on which the decree was passed cannot be ascertained from the records. On 8th December 1947, the decree-holder applied to the Court of Munsif, Jamalpur, under O. 21 R. 6, Civil P.C., for a certificate of non-satisfaction. A certificate was issued accordingly and a copy of the order was, as applied for by the decree-holder, directed by the Munsif at Jamalpur to be sent to the Registrar, Court of Small Causes, Calcutta with a copy of the decree. This order was passed in Money Execution Case No. 86 of 1947. On 13th March 1948, the decree-holder-opposite party filed is the Court of Small Causes, Calcutta, an application for execution of the decree so transferred. Execution was prayed for against the parties as described in the decree and stated already. Objection was raised on behalf of the Dominion of India as to the maintainability of the execut





























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