Wahid Ali Khan and others vs Aziz Hashim

Mathur, J.C.

This is an appeal by Wahid Ali Khan and three others, judgment-debtors, against the judgment of Shri S.N. Shrivastava, Additional District Judge, Bhopal dismissing their appeal against the order of the Subordinate Judge, Bhopal who had rejected the objections of the appellants about the maintainability of the execution application moved at the instance of Haji Aziz Hashim, Decree-holder respondent.

Only one point was urged before me, namely, that in the absence of a notification as contemplated by S. 44, Civil P. C., no execution could lie in the Courts situated in Bhopal State. This contention is based upon an improper reading of the provisions of the Code. Section 1 of the Code lays down that the Code would extend to the whole of India except for certain areas which do not include either the Madhya Bharat or Bhopal State.

Thus, the CPC was applicable to the Courts in Madhya Bharat and is also applicable to the Courts in Bhopal State. Ss. 43 & 44 of the Code apply to the execution of only such decrees as were passed by Courts situated in places to which the Code did not extend. The decree in question has been passed by a Court situated at a place to which the Code had been extended and consequently neither S. 43 nor S. 44 was applicable.

Transfer of decrees by the Madhya Bharat Court to the Court in Bhopal State would be governed by Ss. 39, 40, 41 and 42, Civil P. C. and the corresponding rules contained in O. 21, Civil P.C.

The appeal has thus no force and is hereby dismissed summarily.