JUDGMENT

Niamatullah, J. - This is a reference by the learned Judge of the Small Cause Court, Jhansi, under Order 46, Rule 1, Civil P.C. The learned Judge has not formulated the question on which the opinion of this Court is desired. Order 46, Rule 1, requires the Court making the reference to:

draw up a statement of the facts of the case and the point on which doubt is entertained.

2. We gather from the order of reference that one Hussain Bux obtained on 9th June 1932, a decree for Rs. 33-8-0 against Mr. Briggen Shaw No. 14, A.T. Cavalry, C.P. Mule, Quetta, Baluchistan. The decree-holder applied on 24th June 1932, for execution of his decree by attachment of the judgment-debtor's salary which was mentioned to be Rs. 300 a month approximately. The learned Judge of the Small Cause Court at Jhansi, who had passed the decree and to whom the application for execution was made, issued a notice to the judgment-debtor to:

show cause on or before the 5th August 1932 why the amount of Rs,. 39-1-0 (which included the original sum claimed as costs and interest) should not be realized by attaching your pay.

3. It should be noted that the law did not require a notice of this kind to be issued in th