RAJENDRA SINGH Vs. RATAN

JUDGEMENT

(1.) THIS is a second appeal against the appellate order of the Additional Commissioner Alwar dated 2. 11. 1951 and arises in a suit filed for recovery of rent.

(2.) THE plaintiff had filed several suits for recovery of rent due from the defendants as tenants of this land. After filing of the suits the appellant filed an application in the trial court for attachment of the produce of the land held by the tenants. THE trial court at first ordered for attachment of the produce but later, on an objection on behalf of the defendants, cancelled the previous order on the ground that there was no provision in the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act 1951 for attachment before judgment similar to Orders 38 and 39 of the C. P. C. Against this order the plaintiff filed an appeal in the Court of the Additional Commissioner Alwar. THE Additional Commissioner also has held that there is no provision in the Rajasthan Revenue Courts Act for attachment before judgment and there was no discretionary power vested in the Revenue Courts to pass an order for attachment before judgment.