QUINN Vs. KESHAB CHANDRA MUKHERJEE

JUDGEMENT

(1.) IN my opinion, this rule should be discharged. The facts giving rise to this rule briefly are as follows: One Hedayet Ali instituted a suit for ejectment in this Hon'bla Court and obtained an ex parie decree. The suit was instituted against the lessee. When the decree was being executed by the Sheriff, the subtenants' of the lessee refused to vacate and protested against the Sheriff's attempt to remove them

(2.) AFTER hearing learned Advocate on behalf of the petitioner and perusing the records of the case, I am of opinion that this case fall within the principle laid down in the aforesaid case, In the matter of the petition of Chandrakanta De, 6 Cal. 445 : (7 C. L. B. 36o). The facts are almost identical. The opinion of the Chief Justice is expressed as follows: In our opinion, Section 188 applies to orders made by public functionaries and for public purposes, and not to an order made in a civil suit between party and party;so we think the Magistrate was right in refusing to Act. under the section.