LAWS(PAT)-1968-1-11

SARANGDHAR SINHA Vs. PARVATI KUER

Decided On January 17, 1968
SARANGDHAR SINHA Appellant
V/S
MT.PARVATI KUER Respondents

JUDGEMENT

(1.) This appeal by the judgment debtors of Execution case No. 25 of 1966 has been preferred against an order of the executing court rejecting an application under sections 47 and 151 of the Code of Civil Procedure made against an order of attachment dated the 9th December, 1966, which reads as follows:

(2.) In this court, only three grounds were urged by Mr. Balbhadra Pd. Singh on behalf of the judgment debtors appellants, viz. (1) the impugned order of attachment is vitiated on account of lack of territorial jurisdiction in the executing court to effect attachment of the shares which are admittedly held in the companies registered outside the State of Bihar; (2) the executing court had no jurisdiction to attach the shares standing in the name of deceased person; and (3) the prohibitory order, in pursuance of the order of attachment, was not affixed in the court house in the instant case.

(3.) Order 21, rule 46 reads as follows: