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1964 Supreme(Raj) 151

JAGAT NARAYAN
Gayoor Ahmad Khan – Appellant
Versus
Hazarimal – Respondent


Advocates Appeared:
B.D. Sharma, for Petitioner; Lekhraj, for Respondent

JAGAT NARAYAN, J.—This is a revision application by one Gayoor Ahmad Khan of Barmer against an appellate order of the District Judge, Balotra, holding that the executing court (Munsif Barmer) had jurisdiction to attach a camel which was in the custody of a court at Balotra under Order 21, Rule 52 C.P.C.

2. Hazari Mal and Prabhu Lal respondents Nos. 1 and 2 have a money decree against Achar respondent No. 3. In execution of this decree a camel belonging to Achar was attached by the Amin. Achar seized the camel from the custody of the Amin by force and was prosecuted under sec. 394 I.P.C. The camel was delivered in the custody of Gayoor Ahmad Khan applicant by the Sessions Court, Balotra. The decree-holders again applied for the attachment of this camel in execution of their decree under Order 21, Rule 52 G. P.C. and the camel was attached. Gayoor Ahmad Khan failed to produce it before the court. Execution was then levied against Gayoor Ahmad Khan. This was resisted by him on the ground that the court at Barmer had no jurisdiction to attach the camel which was in the custody of the court at Balotra. Reliance was placed on the decision of a learned Single Judge of the Nagpur High Court




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