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1973 Supreme(Gau) 38

P.K.GOSWAMI
Nirode Ranjan Dev – Appellant
Versus
Union of India and others – Respondent


Advocates Appeared:
J.K. Roy, R. Ghosh Govt. Advocate, A.M. Lodh

Judgement

This Civil Revision is directed against an order of the learned Munsiff, Kamalpur, entertaining an objection of the opposite party under Order 21. Rule 58, Civil Procedure Code, with regard to attachment of certain property made in the course of execution in Execution Case No. 4 of 1969 arising out of Money Suit No. 2 of 1968.

2. The petitioner before this Court is the decree-holder. In the course of the aforesaid execution proceeding certain immovable property was attached on 20th March, 1969 and auction sale took place on 15th September, 1970 and it was posted for confirmation of sale to 30th October, 1970. On that day the order-sheet shows that a copy of an application addressed by the Executive Engineer to the District Magistrate was received by the Munsiff by post and he fixed 21-11-1970 for orders, although it was hardly necessary for him to take notice of the same in the absence of a proper application. However, on the 21st November, 1970, the Union of India filed an application before the Court under Order 21, Rule 58, objecting to the attachment of the said property following which the same had been sold. The ground given apparently was that in an arbitration pr












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