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1922 Supreme(Cal) 165
CALCUTTA HIGH COURT
Panton, J., Newbould, J.
Kedarnath Paramanik - Appellant
Versus
Hem Nath Karmakar - Respondent
Decided On : 28-02-1922
Provincial Small Cause Court has the power to attach immovable property before judgment under the present CPC
Headnote:
Attachment - Immovable Property - Provincial Small Cause Court has the power to attach immovable property before judgment under the present CPC
Fact of the Case:
Reference made by the Munsif of Basitha, Second Court under Order XLVI, Rule 1, Code of Civil Procedure to decide whether the Provincial Small Cause Court can attach immovable property before judgment
Finding of the Court:
The court found that the Provincial Small Cause Court has the power to attach immovable property before judgment under the present CPC, based on a previous decision and the lack of distinction in the current CPC
Issues: Interpretation of the power of the Provincial Small Cause Court to attach immovable property before judgment under the present CPC
Ratio Decidendi: The court's decision was influenced by a previous case and the lack of distinction in the current CPC, leading to the conclusion that the Provincial Small Cause Court can attach immovable property before judgment
Final Decision: The Provincial Small Cause Court has the power to attach before judgment any immovable property
JUDGMENT
1. This is a Reference under Order XLVI, Rule 1, Code of Civil Procedure, made by the Munsif of Basitha, Second Court, for decision of the question whether the Provincial Small Cause Court under the present CPC can attach before judgment any Immovable property. This Bench has already decided in the case of Kumttd Behary Pal v. Hart Charan Sardar 53 Ind. Cas. 814 : 46 C. 717 : 31 C.L.J. 179 that a Provincial Small Cause Court has power.to attach movables before judgment. Under the present CPC no distinction can be drawn between the power of the Provincial Small Cause Court to attach Immovable property before judgment, and for the reasons given by us in the case cited, we answer the point referred by saving that the Provincial Small Cause Court can attach before judgment any Immovable property.
