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1949 Supreme(Raj) 43

RANAWAT
SYED MOHD. HUSAIN – Appellant
Versus
RAJA BABU KOTHIARI – Respondent


Advocates Appeared:
JAMNA PRASAD, RAMESHWAR DAYAL

Judgment


RANAWAT, J.

( 1 ) THIS is a revision petition filed on behalf of the judgment-debtor, Captain Sardar syed Mohammad Husain against an order of the Munsif at Dholpur, dated 23-31949, rejecting his review petition on the ground that the predecessor-in-office of the Munsif, who made the order, did not issue a proper notice under Order 47, rule 4 (2), proviso (a), Civil P. C.

( 2 ) MR. shyamsingh, the Munsif at Dholpur, made an order of attachment of some properties of the judgment-debtor in execution of a decree against him. of Raja babu Kothiari for an amount of Rs. 8309/- on 20-1-1949. The judgment-debtor moved a review petition against the attachment order before Mr. Shyamsingh on 2-2-1949 and the learned Munsif alter getting it scrutinised by the office ordered issue of a notice on the opposite party on 10-2-1949. He was transferred and in his place Mr. Satguru Prasad was appointed Munsif on 10-2-1949. The review petition was then heard by Mr. Satguru Prasad who rejected it, mainly because in his opinion the notice issued by Mr. Shyamsingh was not proper.

( 3 ) THE chief contention in this revision is about the propriety of the notice issued by Mr. Shyamsingh, Munsif, Dh


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