HARI DAS BASU Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) One Sasi Bhusan Bhattacharya living within the jurisdiction of the Munsif of Bolpur in the District of Birhbtum insured his life with the defendant company for Rs. 2,000 by Policy-No. 7218. He borrowed some money from the plaintiff who obtained a decree for the amount against his legal representatives after his death, and put it in execution in the Court of the Munsif at Bolpur who had passed the decree. In execution of the decree, the policy or more correctly speaking the amount due under the policy was first attached by the Munsif of Bolpur under Order 21, Rule 46, Civil P. C, and subsequently sold by him and purchased by the plaintiff. Not having obtained satisfaction from the defendant, the plaintiff brought the present suit to recover the amount to which he said he was entitled by his purchase of the debt as aforesaid. The plea of the defendant company was that the Bolpur Court had no jurisdiction to sell the debt due under the policy and, so the purchase by the plaintiff did not give him the right to recover it from the defendant. The defendant further objected that the suit did not lie in the Court of the Subordinate Judge of Birbhum. As to the second ground of objection, the trial Court held that it had jurisdiction to entertain the suit and the learned District Judge on appeal did not consider this point, as in his opinion the plaintiff's suit failed on other grounds. The defendant however desires to support the decree of the Court below on this ground also.

(2.) On the first objection of the defendant both the Courts have held that the Bolpur Court had no jurisdiction to attach the debt due from the defendant company and had consequently no jurisdiction to sell it and that by his purchase at such sale the plaintiff did not acquire any right to recover the money. The learned District Judge after discussing the law and facts of the case has recorded his findings in these words: I fully agree with the conclusions arrived at by the learned Subordinate Judge and hold that the order of attachment was ab initio void and the alleged sale subsequently held gave no right, title or interest to the decree-holder the plaintiff in this case.

(3.) In this view of the matter both the Courts below have dismissed the plaintiff's suit and the plaintiff has appealed.