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BOYS, MUKERJI, SULAIMAN
Shakir Husain – Appellant
Versus
Chandoo Lal – Respondent
JUDGMENT
Sulaiman, Ag. C.J.
1. I concur in the conclusion, and would only add a few words because the question is one of general importance. No doubt there is some inconsistency between Order 21, Rule 43 and Rule 122 added by the High Court. The former requires that the attaching officer shall keep the property in his own custody or in the custody of one of his subordinates. The latter requires that he shall, subject to approval by the Court, make such arrangement as may be most convenient and economic. If the Court approves of it, he can certainly put the property in the custody of some one else other than a subordinate officer.
2. u/s 122, Civil P. C, the High Court has power to annul, alter or add to any of the rules in the first schedule. If a new rule that has been added is to some extent in conflict with the previous existing rule, I think the new rule must by implication be deemed to have annulled or altered that rule. The new rule, if not consistent with the old rule must prevail. Bui so far as the question of the responsibility of the attaching officer is concerned, I do not think that there is necessarily any inconsistency. Under Rule 43 he is responsible for the due custody
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