Judgement

WANCHOO, J. : This is an appeal on a certificate granted by the Assam High Court and arises in the following circumstances. The appellant had obtained a money decree against Thakur Prosad Jayaswal and others in 1947. As the decree remained unsatisfied it was transferred from Calcutta to Gauhati for execution. On May 2, 1953 an application was made for execution in the Court at Gauhati by attachment under O. XXI, R. 46 of the Code of Civil Procedure of certain movable property of the judgment-debtors which was said to be in the possession of the Sub-Divisional Officer, Military Engineering Service, Pandu. Consequently an order was issued under O. XXI, R. 46 (1) (c) (iii) prohibiting the Sub-Divisional Officer from parting with the property of the judgment-debtors. It may be mentioned that the Sub-Divisional Officer is subordinate to the Garrison Engineer, Shillong. Though certain applications were put in on behalf of the Sub-Divisional Officer before the Court, it was only on February 1, 1954 that the Acting Garrison Engineer Shillong stated before the Court that the movable property in question (i.e. 41 R.S. joists) had been sold and delivered as far back as November 22, 1