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Municipal Commissioners Vs. Shaikh Mosafir - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1938Cal235
AppellantMunicipal Commissioners
RespondentShaikh Mosafir
Excerpt:
- .....to see how, if the property is in the possession of the judgment-debtor, the decree- holder can reasonably be called upon to supply either an inventory with an accurate description of the articles sought to be attached or their approximate value.nasim ali, j.2. i agree. the learned subordinate judge appears to have relied on rule 199, vol. 1, of the civil rules and orders issued by the authority of this court. if this rule is interpreted to mean that the application for attachment of moveable property in the possession of the judgment-debtor is to be dismissed unless it contains a reasonably accurate description and approximate value of the articles sought to be attached, it would be inconsistent with the provisions laid down in order 21, civil p.c.
Judgment:

Bartley, J.

1. This rule is nod opposed and it is made absolute. The orders complained of are set aside. The execution Case will be restored and will proceed. There will be no order as to costs in this Rule Under Order 21, Civil P.C., the decree-holder is called upon to annex an inventory of the moveable property to be attached only when that property is not in the possession of the judgment-debtor and it. is difficult to see how, if the property is in the possession of the judgment-debtor, the decree- holder can reasonably be called upon to supply either an inventory with an accurate description of the articles sought to be attached or their approximate value.

Nasim Ali, J.

2. I agree. The learned Subordinate Judge appears to have relied on Rule 199, Vol. 1, of the Civil Rules and Orders issued by the authority of this Court. If this rule is interpreted to mean that the application for attachment of moveable property in the possession of the judgment-debtor is to be dismissed unless it contains a reasonably accurate description and approximate value of the articles sought to be attached, it would be inconsistent with the provisions laid down in Order 21, Civil P.C.


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