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1949 Supreme(Cal) 227

HARRIES, SINHA
RELIANCE DEVELOPMENT AND ENGINEERING LTD. – Appellant
Versus
BHABANI CHARAN BANERJEE – Respondent


Advocates Appeared:
AJAY KUMAR BASU, CHANDRA NATH MUKHERJI, MOOKERJI, PARESH NATH MUKHERJI

HARRIES, C. J.

( 1 ) THIS is a petition for revision of an order of a learned Subordinate Judge, made in a claim case.

( 2 ) CERTAIN property had been attached before judgment and the property was claimed by the petitioners in this case. They made their application under the provisions of Order 38, Rule 8, Civil P. C. That rule provides that where any claim is made to property attached before judgment the claim is to be investigated in the manner provided for the investigation of claims to property attached in execution of a decree for the payment of money. In other words, the claim is to be investigated under the provisions of Order 21, Rule 58, Civil P. C.

( 3 ) THE learned Judge came to the conclusion that the company were not in possession of certain bricks which had been attached before judgment. The company claimed to be in possession of these bricks under a document which purported to transfer the bricks to them. The learned Judge, however, was not satisfied that this document really transferred the bricks to them and he winds up his judgment in these words : "i dilate no more on the merits of these papers and writings because I have already said that I am not impressed t






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