ADDITIONAL COLLECTOR, BANARES versus MAHARAJ KISHORE KHANNA

ADDITIONAL COLLECTOR, BANARES versus MAHARAJ KISHORE KHANNA

A decree passed by the Special Judge under the U.P. Encumbered Estates Act is, by virtue of section 14(7), a decree of a civil court for purposes of the Code of Civil Procedure and can be transferred for execution outside U.P. under section 39 of the Code. The Additional Collector is competent to apply for the execution and transfer, exercising the Collector's powers. The application before the Subordinate Judge, Purnea, was a continuation of pending execution proceedings and is not barred by limitation.

Parties
Appellant: Additional Collector, Banares; Respondent: Maharaj Kishore Khanna
Jurisdiction
India
Judgment Date
16 March 1959
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated April 28, 1953, of the Patna High Court in Appeal From Original Order No. 90 of 1949
Outcome
Appeal allowed
Legal Topics
Execution of Decrees, Jurisdiction, Limitation, Extra Territoriality, Collector's Powers
Civil Procedure Property Law Execution of Decrees Jurisdiction Limitation Extra Territoriality Collector's Powers

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Parties

Additional Collector, Banares

Appellant

Maharaj Kishore Khanna

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated April 28, 1953, of the Patna High Court in Appeal From Original Order No. 90 of 1949

Legal Issues

  1. 1 Whether a decree passed under the U.P. Encumbered Estates Act can be executed outside Uttar Pradesh?
  2. 2 Whether the Subordinate Judge, Purnea, had jurisdiction to execute the decree?
  3. 3 Validity of execution application by the Additional Collector instead of Collector

Ratio Decidendi

A decree passed by the Special Judge under the U.P. Encumbered Estates Act is, by virtue of section 14(7), a decree of a civil court for purposes of the Code of Civil Procedure and can be transferred for execution outside U.P. under section 39 of the Code. The Additional Collector is competent to apply for the execution and transfer, exercising the Collector's powers. The application before the Subordinate Judge, Purnea, was a continuation of pending execution proceedings and is not barred by limitation.

Court Disposition

Appeal allowed

Orders

  • Set aside the order of the High Court
  • Restored the order of the Subordinate Judge, Purnea