HINDUSTHAN COMMERCIAL BANK LTD Vs. LAXMI NARAYAN SAHA

JUDGEMENT

(1.) This revision petition is directed against an order of the learned Subordinate Judge, Alipore releasing certain property from attachment in a Claim Case.

(2.) Hindusthan Commercial Bank Ltd., the petitioner before us is the owner of a money decree against opposite party 2, Makhan Lal Ganguly passed in Suit No. 1464 of 1049 by this Court in its original jurisdiction. The Bank in execution of this decree attached another decree which was passed in favour of Makhan Lal Ganguly against the Chinese Tannery Owners' Association and others in Title Suit No. 142 of 1953 (Originally numbered as Title Suit No. 75 of 1950) of the Court of the 1st Subordinate Judge, Alipore. Thereupon, opposite party 1, Lakshmi Narayan Saha filed a petition under Rule 58 of Order 21, Civil P. C. for the release of the attachment. Lakshmi Narayan Saha claims title to the attached decree by virtue of a deed of assignment dated 30-10-1951. This deed was executed by Makhan Lal Ganguly in favour of Lakshmi Narayan Saha during the pendency of Title Suit No. 75 of 1950 subsequently numbered as Title Suit No. 142 of 1953. By this deed Makhan Lal Ganguly assigned his claim in the above suit. The deed refers to the several bills made out by Makhan Lal Ganguly on the Chinese Tannery Owners' Association in respect of the claim in the suit and the operative part of the deed reads thus :

(3.) On a careful reading of the Deed of Assignment we are of opinion that the decree to be passed in the pending Title Suit No. 75 of 1950 (subsequently numbered as Title Suit No. 142 of 1953) was not assigned by this deed.