Skip to content


Bhabagobinda Choudhuri Vs. Bholanath Basak and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1940Cal112
AppellantBhabagobinda Choudhuri
RespondentBholanath Basak and ors.
Excerpt:
- order1. the learned advocate for the petitioner does not want to proceed against minor opposite parties nos. 4 and 6. the rule therefore stands discharged against the said minor opposite parties and proceeds against the remaining opposite parties at the petitioners' risk. the question as to what is the amount of a debt of a particular debtor is to be decided by the board under rule 145, bengal agricultural debtors rules. the civil court therefore has no jurisdiction to go into this question. we accordingly modify the order of the learned subordinate judge to this extent that the execution proceedings will be stayed against the petitioner only. there will be no order as to costs.
Judgment:
ORDER

1. The learned Advocate for the petitioner does not want to proceed against minor opposite parties Nos. 4 and 6. The Rule therefore stands discharged against the said minor opposite parties and proceeds against the remaining opposite parties at the petitioners' risk. The question as to what is the amount of a debt of a particular debtor is to be decided by the Board under Rule 145, Bengal Agricultural Debtors Rules. The Civil Court therefore has no jurisdiction to go into this question. We accordingly modify the order of the learned Subordinate Judge to this extent that the execution proceedings will be stayed against the petitioner only. There will be no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //