ORDER

Agarwala, J. - This reference arises in a proceeding started u/s 145, Criminal P.C. It appears that there was a dispute between Sadloo Bhar and his brothers on the one hand and Eajdeo Singh on the other, concerning a plot of land and a crop standing thereon. Sadloo Bhar moved the learned Magistrate by means of an application stating that there was an imminent danger of a breach of the peace concerning this land and the crop and that the property should be attached. The learned Magistrate seems to have been satisfied as to the imminence of the danger of a breach of the peace and ordered that notice might be issued u/s 145, Sub-section (1), Criminal P.C., to the parties concerned. He further Ordered that the property in dispute be attached. On the date fixed in the notice issued u/s 145(1), Sadloo Bhar did not appear. The learned Magistrate dismissed Sadloo Bhar's application for default on 4th July 1946, and ordered that the attached property be released. He did not specify in his order in whose favour the property was to be released. Thereafter, an application was made by Rajdeo Singh that the application of Sadloo Bhar might be dismissed and the attached property should relea