PANNALAL PAIK Vs. INDU BALA HALDER

JUDGEMENT

(1.) This appeal is directed against the judgement and order dt. Dec. 3, 1982, passed by Shri S.R. Bhowmik the learned Additional District Judge, 10th Court, Alipore in the Miscellaneous Appeal No. 672 of 1981, confirming the order Dt. Nov. 14, 1981, passed by Shri A.C. Acharya, Subordinate Judge, 9th Court, Alipore in Miscellaneous Case No. 28 of 1979 under O.21 R.58 of the Civil Procedure Code.

(2.) In pursuance of the decree of dismissal of Title Suit No. 47 of 1972 instituted by the deity, Shri Radhakrishna Jew Thakur represented by the Sebait Indubala Halder as the plaintiff against Pannalai Paik as the principal defendant and others as the pro forma defendants, with costs against the principal defendant and without Costs against the rest, the decree of costs obtained by the principal defendant was put into execution in Title Execution Case No. 28 of 1978 seeking to realise the decretal costs by attachment and sale of the personal property of Indubala Halder who, however, filed the aforesaid Miscellaneous Case No. 28 of 1979 under O.21 R.58 of the C.P.C. claiming the release of her personal properties from attachment, on the allegation that the deity represented by the Sebait Indubala Halder was directed to pay the costs of the suit under the decree and not Indubala Halder in her personal capacity and that accordingly, the personal properties of Indubala Halder cannot be attached and sold to satisfy the decretal costs.

(3.) The executing court accepted the contention of Indubala Halder and accordingly allowed the Miscellaneous Case and released the personal properties of Indubala Halder from attachment.