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Kedarnath Paramanik Vs. Hem Nath Karmakar - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal176,70Ind.Cas.841
AppellantKedarnath Paramanik
RespondentHem Nath Karmakar
Cases ReferredKumttd Behary Pal v. Hart Charan Sardar
Excerpt:
civil procedure code (act v of 1908), order xxx viii, rule 6 - attachment before judgment--provincial small cause court, power of. - 1. this is a reference under order xlvi, rule 1, code of civil procedure, made by the munsif of basitha, second court, for decision of the question whether the provincial small cause court under the present code of civil procedure can attach before judgment any immoveable property. this bench has already decided in the case of kumttd behary pal v. hart charan sardar 53 ind. cas. 814 : 46 c. 717 : 31 c.l.j. 179 that a provincial small cause court has power.to attach movables before judgment. under the present code of civil procedure no distinction can be drawn between the power of the provincial small cause court to attach immoveable property before judgment, and for the reasons given by us in the case cited, we answer the point referred by saving that the provincial small cause court can.....
Judgment:

1. This is a Reference under Order XLVI, Rule 1, Code of Civil Procedure, made by the Munsif of Basitha, Second Court, for decision of the question whether the Provincial Small Cause Court under the present Code of Civil Procedure can attach before judgment any immoveable property. This Bench has already decided in the case of Kumttd Behary Pal v. Hart Charan Sardar 53 Ind. Cas. 814 : 46 C. 717 : 31 C.L.J. 179 that a Provincial Small Cause Court has power.to attach movables before judgment. Under the present Code of Civil Procedure no distinction can be drawn between the power of the Provincial Small Cause Court to attach immoveable property before judgment, and for the reasons given by us in the case cited, we answer the point referred by saving that the Provincial Small Cause Court can attach before judgment any immoveable property.


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