P. N. MOOKERJEE, J.

( 1 ) THIS Rule raises an important question.

( 2 ) THE point, which requires consideration in this case, is whether the executing court, before whom execution is pending, it having been transferred to that court by this Court, exercising Company jurisdiction, would have jurisdiction to entertain and decide a claim in relation to the said execution under Order 21 Rule 58 of the Code of Civil Procedure, in a case, where a banking company in liquidation is involved.

( 3 ) THE relevant facts lie within a short compass and are as follows:

( 4 ) OPPOSITE Party No. 1, Noakhall Union Bank Ltd. , went into liquidation sometime in the year 1949 and winding up proceedings are still pending in this Court. In the meantime, it obtained a decree on May 13, 1953, in Suit No. 2650a/3 of 1950 from this Court on its original side for Rs. 4,100/- with costs against Opposite Party No. 2, Tulsi Charan Paul. This decree was, eventually, transferred for execution to Ali-pore. In course of this execution, which commenced in January 1956, certain immovable properties, alleged to belong to the judgment-debtor, were attached at the instance of the decree-holder Bank on April 16, 1959.

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