Bhaskar Bhattacharya, J.

This appeal is at the instance of a judgment-debtor and is directed against order dated April 06, 2011 passed by a learned Single Judge of this Court by which His Lordship appointed a Receiver in respect of a property described in paragraph 12 of the affidavit in support of the tabular statement of the application for execution which is undisputedly situated beyond the territorial limit of this Court.

The decree was one for payment of money and in execution of the decree, the decree-holder sought to attach and sell an immoveable property belonging to the appellant situated beyond the territorial limits of this Court.

The only question raised by the appellant in this appeal is that in view of Section 39(4) of the Code of Civil Procedure, the learned executing Court acted without jurisdiction inasmuch as, this Court has no jurisdiction to attach or sell an immoveable property situated beyond its territorial limit as an Executing Court.

Mr. Mitra, the learned Senior Advocate appearing on behalf of the appellant, contended with assiduity before us that in view of insertion of subsection (4) in Section 39 of the Code of Civil Procedure by the amen