KESOBATI Vs. MOHAN CHANDRA MANDAL

JUDGEMENT

(1.) This is an appeal against an order of the Subordinate Judge of Dumka allowing an attachment of the estate of the judgmentp-debtor and appointing a Receiver.

(2.) By a compromise between the parties in Appeal from Origional Decree No. 467 of 1907, it was decreed that the decetal amount was to be paid toe the decree holder in three instalments and failure to pay any two consecutive instalments was to entitle the plaintiff decree-holder to ralize the entire amount due at the time of such default by executing the entire decree, it being further stated in the petition of compromise that the decretal amount was realizable form the estate of the late Raja Udit Narain Sing (the deceased husband of the judgment-debtor) as well as from the defendatnt judgment-debtor personally.

(3.) There having been default in the payment of two consecutive instalments, the decree- holder applied for execution of his entire decree and prayed for realization of the decretal amount by the appointment of a Receiver for 13 Taluks mentioned in the Schedule to the application. This application states as a ground for the realization of the decretal amount by means of a Receiver the fact that in another suit the 13 Taluks had been declared ghatwali. On this application the judgment-debtor was called upon to show cause why her estate should not be attached and placed under a Receiver. She appeared and applied for two weeks time (which application was refused), and the whole of her estate, with some exceptions specified in the order, was attached and the Deputy Commissioner was appointed Receiver, the Court issuing directions to the mustajirs and raiyats not to make payments to anybody other than the Deputy Commissioner or his duly constituted agents. The judgment-debtor was forbidden to make any collections during the continuance of the attachment.