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1902 Supreme(Cal) 273

Remjit Singh – Appellant
Versus
Luchman Prosad – Respondent


JUDGMENT

1. This rule was granted to show cause why the order of the Sub-Divisional Magistrate of Jamui made on the 25th January last, directing that notices under sec. 144 of the Code of Criminal Procedure should issue against the second party, the Petitioners, ordering them not to interfere with the land in dispute without the order of a competent Court, and also the order made by the Sub-Divisional Magistrate of Jamui on the 10th February last directing that the order made by him on the 25th January last shall be put up for renewal when it has been in force for two months, should not be set aside as being made without jurisdiction. We think that the order of the Sub-Divisional Magistrate made on the 25th January was not such an order as he was competent to make under sec. 144 of the Code of Criminal Procedure. It is not limited in time, but on the face of it purports to be of the nature of a perpetual injunction.

2. As regards the second order of the 10th February, the Joint Magistrate has explained that that order was not a part of the record, but was simply addressed to the peshkar of his Court with the object that the case should not be lost sight of, and that further steps sho

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