GAYOOR AHMAD KHAN Vs. HAZARIMAL

JUDGEMENT

(1.) THIS is a revision application by one Gayoor Ahmad Khan of Banner against an appellate order of the District Judge, Balotra holding that the executing Court (Munsif Barmer) had jurisdiction to attach a camel which was in the custody of a court at Balotra under Order 21, Rule 52, C. P. C.

(2.) HAZARI Mal and Prabhu Lal respondents Nos. 1 and 2 have a money decree against Achar respondent No. 3. In, execution of this decree a camel belonging to achar was attached by the Amin, Achar seized the camel from the custody of the amin by force and was prosecuted under Section 394, I. P. C. The camel was delivered in the custody of Gayoor Ahmad Khan applicant by the Sessions Court, balotra. The decree-holders again applied for the attachment of this camel in execution of their decree under Order 21, Rule 52, C. P. C. and the camel was attached. Gayoor Ahmad Khan failed to produce it before the Court. Execution was then levied against Gayoor Ahmad Khan. This was resisted by him on the ground that the Court at Barmer had no jurisdiction to attach the camel which was in the custody of the Court at Balotra. Reliance was placed on the decision of a learned single Judge of the Nagpur High Court in Gyarsilal v. Shankar Rao, AIR 1950 Nag 46.

(3.) THE appellate Court overruled this objection relying on the decision of a Division bench of the Allahabad High Court in Bhagwati Prasad v. Jai Narain, AIR 1958 All 425.