Law:

Section:

(a) High Courts (Punjab) Order, 1947,Art. 13 (5)-Order of East Punjab High Court registered as an order of Lahore High Court-Execution-Forum-Civil Procedure Code (V of 1908), S. 151. The intention of Art. 13, clause (5) of the Order is clear. The order of the East Punjab High Court is to be treated as an order of this Court for all purposes and if the order of the East Punjab High Court could be executed the order of this Court should also be executable. The only question to be decided is, which Court should execute it here? There is no provision for such a case in the Code of Civil Procedure. The definition of the expression "Court which passed a decree" in section 37 is not exhaustive. It merely includes certain Courts but does not neces­sarily exclude other Courts which were net in contemplation. The present situation suggests a very easy resort to the provisions of section 151 of the Code which gives the Court inherent power to make such orders as may be necessary for the ends of justice. A decree or an order of the Lahore High Court must be executed by one of the Courts subordinate to it and if the defendants are in Lahore a Court in Lahore should be entrusted with execution. (b) Indian Independence (Legal Proceedings) Order, 1947, Art. 4---Execution proceedings taken out in East Punjab Court­ No bar to execution of decree in a Court subordinate to Lahore High Court after such decree has been registered as a decree of Lahore High Court. Article 4 of the Indian Independence (Legal Proceedings) Order, 1947 does not interfere with the working of the High Courts (Punjab) Order, 1947 and merely enables the decree-holder to take out execution in both the Provinces. If the decree-holder had not applied for execution at Amritsar, there is no doubt that lie could ask the Lahore High Court to treat the of the East Punjab High Court as a of that Court, and there is nothing it the language of Art. 4 of the Indian Independence (Legal Proceedings) Order to suggest that if execution has already been taken up it would make a difference to the of the East Punjab High Court or the provisions of the High Courts (Punjab) Order. (c) Civil Procedure Code (V of 1908), S.…

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