ROXBURGH, B. K. MUKHERJEA
Tarak Nath Kundu – Appellant
Versus
Panchanon Dutt – Respondent
JUDGMENT
B.K. Mukherjea, J. - This rule is directed against an order of the Munsif, First Court, Howrah, dated 19th April 1939, by which he refused to stay certain proceedings in execution of a decree in spite of a notice sent to him by the Jagadishpur Debt Settlement Board u/s 34, Bengal Agricultural Debtors Act. The decree was one for a sum of Rs. 1200 only, obtained by the opposite party against the petitioner, on the basis of a promissory note in the original side of this Court. On the application of the decree-holder it was transmitted for execution to the Court of the Munsif, First Court, Howrah, and the decree-holder applied for attachment and sale of certain immovable properties, belonging to the judgment-debtor which were situated within the jurisdiction of that Court. The judgment-debtor there, upon presented an application u/s 8, Bengal Agricultural Debtors Act, to the Jagadishpur Debt Settlement Board for settlement of his debts, and the latter issued a notice u/s 34 of the Act, requesting the executing Court to stay further proceedings in execution of the decree. The Munsif has refused to stay the proceedings on the ground that the decree being passed by the High Court,
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.