JUDGMENT

Suhrawardy, J. - One Sasi Bhusan Bhattacharya living within the jurisdiction of the Munsif of Bolpur in the District of Birhbtum insured his life with the defendant company for Rs. 2,000 by Policy-No. 7218. He borrowed some money from the plaintiff who obtained a decree for the amount against his legal representatives after his death, and put it in execution in the Court of the Munsif at Bolpur who had passed the decree. In execution of the decree, the policy or more correctly speaking the amount due under the policy was first attached by the Munsif of Bolpur under Order 21, Rule 46, Civil P. C, and subsequently sold by him and purchased by the plaintiff. Not having obtained satisfaction from the defendant, the plaintiff brought the present suit to recover the amount to which he said he was entitled by his purchase of the debt as aforesaid. The plea of the defendant company was that the Bolpur Court had no jurisdiction to sell the debt due under the policy and, so the purchase by the plaintiff did not give him the right to recover it from the defendant. The defendant further objected that the suit did not lie in the Court of the Subordinate Judge of Birbhum. As to the secon