SRIMA ASHRLATA DEBI AND OTHERS versus SRI JADU NATH ROY AND OTHERS

SRIMA ASHRLATA DEBI AND OTHERS versus SRI JADU NATH ROY AND OTHERS

Appeal from the Court of the Subordinate Judge, Alipore, in re-restoration proceedings under section 36 of the Bengal Money Lenders Act, 1940, was competent to the Calcutta High Court by operation of para 4(2) of the Indian Independence (Legal Proceedings) Order, 1947; orders on such applications are appealable as execution proceedings, and default by mortgagors justifies re-restoration.

Parties
Appellants: Srimati Ashalata Debi and Others; Respondents: Sri Jadu Nath Roy and Others
Jurisdiction
India
Judgment Date
26 April 1954
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
Appeal dismissed
Legal Topics
Jurisdiction After Partition, Appeals in Mortgage Decree Matters, Execution of Decrees, Application of the Indian Independence (legal Proceedings) Order, 1947
Civil Procedure Property Law Jurisdiction After Partition Appeals in Mortgage Decree Matters Execution of Decrees Application of the Indian Independence (legal Proceedings) Order, 1947

Case Brief

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Parties

Srimati Ashalata Debi and Others

Appellants

Sri Jadu Nath Roy and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether the Calcutta High Court had appellate jurisdiction over properties situated in East Pakistan after 15th August, 1947
  2. 2 Whether orders on applications for re-restoration of properties are appealable
  3. 3 Whether mortgagors committed default justifying re-restoration of properties

Ratio Decidendi

Appeal from the Court of the Subordinate Judge, Alipore, in re-restoration proceedings under section 36 of the Bengal Money Lenders Act, 1940, was competent to the Calcutta High Court by operation of para 4(2) of the Indian Independence (Legal Proceedings) Order, 1947; orders on such applications are appealable as execution proceedings, and default by mortgagors justifies re-restoration.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs