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Simrik Lal Bhakat Vs. Radharaman Kalidaha and - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in39Ind.Cas.857
AppellantSimrik Lal Bhakat
RespondentRadharaman Kalidaha and ;purna Chandra Mandal
Excerpt:
civil procedure code (act v of 1908), section 64, construction of, order xxi, rule 54 - attachment, when complete--civil procedure code (act xiv of 1882), section 276. - woodroffe, j.1. i think that this appeal fails, and that the obvious interpretation of the sections and the rules, to which we have been referred, is that the attachment in section 64 of the present code means an attachment which has been made in the manner prescribed in order xxi, rule 54. the words which were originally in section 276 of the code of 1682, and which have been omitted from the present section 64, are not material and have been omitted as being mere surplusage.2. the appeal is dismissed with costs.mookerjee, j.3. i agree.
Judgment:

Woodroffe, J.

1. I think that this appeal fails, and that the obvious interpretation of the sections and the rules, to which we have been referred, is that the attachment in Section 64 of the present Code means an attachment which has been made in the manner prescribed in Order XXI, Rule 54. The words which were originally in Section 276 of the Code of 1682, and which have been omitted from the present Section 64, are not material and have been omitted as being mere surplusage.

2. The appeal is dismissed with costs.

Mookerjee, J.

3. I agree.


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