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1937 Supreme(Cal) 234

NASIM ALI, BARTLEY
Jitendra Nath Pal – Appellant
Versus
Birendra Krishna Roy – Respondent


JUDGMENT

Bartley, J. - This is an appeal against the order of the learned Subordinate Judge dated 9th March 1936 rejecting a petition of objection to the execution of a mortgage decree and to the sale of the mortgaged properties. The objection was made by the judgment-debtor under the provision of Section 47, Civil P.C. The application to execute the decree which was a decree passed in Title Suit No. 32 of 1928 in the Court of the same Subordinate Judge was made on 6th June 1934. It would appear that some two months previously, the District Judge of 24-Parganas acting u/s 13(2), Civil Courts Act, made an order of re-distribution of work hitherto done in the Courts of the Subordinate Judges under his control. In consequence of this re-distribution suits and oases which had hitherto been filed in the second Court of the Subordinate Judge of 21-Parganas were assigned in part to the Court of the Second Additional Subordinate Judge. The property in question in the present case is situated in the area which was assigned to the Court of the Additional Subordinate Judge.

2. It was contended on behalf of the objector, the appellant before us, that in these circumstances the Court had no power

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