YASPAL SINGH Vs. VIII ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) THIS appeal by special leave concerns a Police Sub -Inspector who in the discharge of his duty was about to attract an order under Order 21, Rule 32 CPC as also the prospect of getting his property attached.

(2.) WE are told at the Bar by Mr. Bharat Sangal, learned counsel for the appellant that since long the appellant stands transferred to another District and now he is in a promotional post. It is otherwise the admitted position that thus far the property of the appellant has not been attached. In the first place when the appellant is no longer present in the District to obstruct or continue obstructing the legal process, it is idle to contend that the order of the Executing Court in the changed circumstance shall remain sustained. These supervening fact" must obviously have an impact in moulding the relief. In the second place, it is difficult to uphold the view of the Court" below that the appellant was a person who could he brought within the grip of Order 21, Rule 32 CPC The said provision in an extracted form can be re -written as follows: