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Report No. 27

Section 24(2)

The latter part of section 24(2), as it stands at present, does not cover proceedings other than a suit, vide the words "the court which, thereafter tries such suit or proceeding may subject to any directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn". Since the earlier part speaks of "suit or proceeding", the latter part should also cover both. Necessary changes have been proposed.

Section 24 and execution proceedings

The question has been raised whether execution proceedings are covered by the words "other proceedings" in section 24. Under the old Code, section 25, execution proceedings were held not to be covered1. The Calcutta High Court has taken the same view under the existing section also2. But other courts have taken a different view3-4-5-6.

Since the old section 25 did not contain the words "other proceedings", and the word "disposal", the Patna High Court has, in a recent case, dissenting from the Calcutta view, held that the existing section covers execution proceedings7.

The Calcutta decision mainly relies on the Privy Council case8 under old section 647 (corresponding to existing section 141), where it was held that the words "other proceedings" in that section did not cover execution proceedings but were confined to original matters in the nature of suits.

No specific clarification on this point is necessary in view of the decisions of the other High Courts.

1. Kishori Mohan v. Gul Mohammad, ILR 15 Cal 177.

2. Ranjit Kumar v. Gour Hari Mukherji, AIR 1956 Cal 655.

3. Mohammad Habibullah v. Tikam Chand, AIR 1925 All 276.

4. Nasservanji v. Kharsedji, ILR 22 Born 778.

5. Rajagopala v. Turuphtia, ILR 49 Mad 746: AIR 1926 Mad 421.

6. AIR 1926 Lah 465.

7. Dashrath Prasad v. Vaidyanath, AIR 1960 Pat 285.

8. Thakur Prasad v. Fakirullah, (1895) 22 Indian Appeals 44: ILR 171 All 106.



Code of Civil Procedure, 1908 Back




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