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1955 Supreme(Cal) 163

SEN GUPTA, GUHA RAY
NARESH CHANDRA BOSE – Appellant
Versus
SACHINDRA NATH DEB – Respondent


Advocates Appeared:
A.K.SEN, Anil Kumar Sen, HARI GOPAL ROY, MANINDRA NATH GHOSH

GUHA RAY, J.

( 1 ) THIS is an appeal on behalf of the judgment-debtor from an order dismissing his application under Section 47, Civil P. C. objecting to the execution of a decree obtained by the respondents against him as far back as 4-4-1938, for arrears of putni rent in a court of Jessore, now in East Pakistan. The decree was transmitted by the Jessore Court to an Alipore Court on 31-10-1946, and on 1-3-1947, the decree-holders applied for execution there against certain properties of the judgment-debtor in Calcutta. The first objection under Section 47, Civil P. C. was filed on 3-4-1947, and the decree-holders supplied for the appointment of a receiver in respect of the properties against which they wanted to proceed in execution. On 24-5-1947, the objection of the appellant to the execution, was dismissed and the petition for appointment of a receiver was allowed and the judgment-debtor himself was selected for such appointment. But as he neither took out the writ nor intimated his willingness to act as receiver, a lawyer was selected in his place for appointment as receiver on 14-7-1947. The actual order of appointment, however, on the acceptance of a security bond furnished
















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