R N SURI Vs. RAMESWAR DAS

JUDGEMENT

(1.) THE Subordinate Judge of Delhi passed an order on 29-12-66 directing seizure of a truck (ORC 678), which was plying In the district of Bolangir, by Sri R. N. Suri, who was appointed receiver in the suit. On 31-12-65 the Subordinate Judge issued a letter of request to the District Magistrate, Bolangir, to assist Sri Suri in seizing the disputed truck. On 4-1-66 the Subordinate Judge, Bolangir, issued an order of injunction on Sri Suri and the Company in title Suit No. 4 of 1966 restraining them from interfering with the possession of the disputed truck. On 8-1-66 Sri Suri produced the letter of request before the District Magistrate, Bolangir, who, in his order indicates how he was put into a delicate and difficult situation by two orders contrary to each other. He has accordingly made the reference to this Court asking for the opinion of this Court as to what decision he would take.

(2.) THE following questions arise for consideration in this reference; (i) Is the reference maintainable under the Criminal Procedure Code? and (ii) Is the proceeding before the District Magistrate, Bolangir, a proceeding under the Criminal Procedure Code?

(3.) A reference can be made by the District Magistrate either under Section 432 or 438, Cr. P. C. Section 432 has no application to this case even if the proceeding before the District Magistrate be taken as a criminal proceeding. its applicability therefore need not be examined.