DEBABRATA MOOKERJEE, J.

( 1 ) THIS is an application under Section 115 of the Code of Civil Procedure directed against an order made by a Munsif at Rampurhat, declining to give effect to the petitioner's objection that by reason of the provisions contained in the Banking Companies Act, the court at Rampurhat suffered from want of jurisdiction to entertain a claim preferred by the opposite party under Order 21 Rule 58 of the Code of Civil Procedure,

( 2 ) IT appears that the petitioner bank in liquidation instituted a suit on the 6th of August, 1952 against one Krishnapada Sadhu, the husband of the opposite party and her son Dhwajahari Sadhu for recovery of a sum of Rs. 798-l-6p with interest and for other reliefs. The plaintiff's case was that the sum had become due and owing to the petitioner by the said defendants on a mutual, Open and current account with over-draft facilities which the said defendants had with the petitioner Bank. On the 3rd February, 1956, a decree was made with interests and costs by this court in its Ordinary Original Civil Jurisdiction and the same was transferred for execution to the court of the Munsif at Rampurhat. In course of execution which commenced

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