R. L. NARASIMHAM, C. J.

( 1 ) THIS is a reference by the Sessions Judge of Sambalpur, recommending the setting aside of an order dated 20th June, 1957 passed by the. Sub-divisional magistrate, Bonai, attaching the house said to belong to the petitioner, in execution oi an order for maintenance obtained by the opposite party, Lakshmi dei, against her husband Banamali Sahu.

( 2 ) THE material facts are as follows. In M. C. No. 7 of 1947-48 opposite party lakshmi Dei was granted a monthly maintenance of Rs. 10/-recoverable from her husband. On 30th July, 1956 she filed an application under Sub-section (3) of section 488, Cr. P. C. (M. C. No. 20 of 1956) requesting the Court to realise arrears of maintenance due to her, amounting to Rs. 190/ -. In that application she clearly stated that this sum included a sum of Rs. 120/- due to her for the year 1955 in M. C. No. 4 of 1950 which however could not be realised, and that the balance of Rs. 70/- represented the amount dua to her from January to July, 1956. The Sub-divisional Magistrate, after due notice to the husband of the opposite party issued notice for attachment of the house on 4th September, 1956. The petitioner then filed an ob