INDU SEKHAR AGARWAL Vs. PHULO DEVI

JUDGEMENT

(1.) This miscellaneous first appeal purports to be undo Order 43, Rule 1(r), of the Code of Civil Procedure by the defendant first -party against Order No. 23 dated 29 -1 -1966 of the court below restraining the defend -ants -appellants from proceeding with the Title Execution case No. 107 of 1964 pending in the court of the Subordinate Judge, Muzaffarpur, and making the interim order absolute.

(2.) The sole point canvassed in this Court by Mr. Jugal Kishore Prasad, appearing for the appellants, was that the Subordinate Judge, Begusarai, had no jurisdiction to stay the Executing Case No. 107 of 1964, pending before the Subordinate Judge, Muzaffarpur, as that court was not subordinate to this Court.

(3.) In order to decide this question, it is necessary to state briefly the material facts of the case. What happened was this: -