RAMESHWARDAYAL RAMSWAROOP Vs. BHEEMSEN DULICHAND

JUDGEMENT

(1.) THIS is an appln., in revision by the plaintiff. One Rameshwardayal filed a suit against Bhim Sen in the ct of the Civ. J. Second Class, Morar & filed an appln under O. 38. R. 5 for attachment before judgment on 30 -8 -1950. The learned Judge passed the following order on the same day:

(2.) TWO contentions have been urged on behalf of the petnr. in this case. One is that the learned Civ. J. Morar did not decide the question of jurisdiction of the City Civ J.'S. Ct. Lashkar to take security after the truck had been attached. The second is that the decision of the lower Ct. with regard to sufficiency of security is wrong.

(3.) THE learned Civ. J. has also acted illegally in issuing Parwana in the name of the Nazu of the Ct. of City Civ. J. First Class, Lashkar If the property to be attached is within the jurisdiction of another Ct. then the proper procedure is to make an order of attachment & send a copy to the Dist. J's Ct. within whose jurisdiction such property is situate Vint S. 136, C.P.C. & it is the Diet. Ct. that will cause attachment to be made by its own officer or by a Ct. subordinate to itself & inform the Ct. which made the order of attachment. The procedure adopted by the lower Ct. is therefore clearly against the provisions of S. 136, CPC.