KAMTA PRASHAD Vs. EMPEROR

JUDGEMENT

(1.) On the 11th of February 1910, the Munsif of Phaphund acting under Section 476 of the Code of Criminal. Procedure issued an order directing that one Kamta Prasad be tried by a Criminal Court on a charge following under Section 210 of the Indian Penal Code. We are asked to revise this order on two grounds; first that the Munsif had no jurisdiction to pass the order and secondly that, if he had jurisdiction, the Munsif had improperly exercised this jurisdiction.

(2.) The decree out of which all these proceedings have arisen was a decree passed by a Court in Calcutta. Execution proceedings were taken out and the decree was transferred to the Court of the Munsif of Phaphund.

(3.) Upon the Munsif of Phaphund taking action the judgment-debtors appeared before him and stated that the decree had beed obtained by fraud. The learned Munsif held the view that, as a Court executing a decree, he had no alternative but to proceed with the decree as it stood. He overruled the objection of the judgment-debtor. The judgment-debtor then instituted a suit in the Court of the Munsif of Phaphund praying that the decree in question might be declared null and void and that an injunction might be issued staying further proceedings in execution. It appears that this suit was referred to arbitration. When the arbitrator returned the case judgment was passed by the Munsif in accordance with the award on the 9th of September 1909. This was followed by proceedings under Section 476 of the Code of Criminal Procedure. Kamta Prasad was called on to show cause why he should not be prosecuted and on the 15th of March 1910, the order, now under revision, was passed.