J OVID Vs. SETH CHANDA BHAN

JUDGEMENT

(1.) THE Magistrate had certainly no jurisdiction to direct the lock to be broken and the property to be handed over to the third party as custodian, but, at the same time, I fail to see that either the Sessions Judge or the High Court has any jurisdiction, either, to interfere in the matter. THE remedy of Ovid is clearly by a suit in the Civil Court. I do not consider it necesssary to make any remarks as to what the nature of this suit should be or who should be the defendant, but it is clear to my mind that any order I might pass in the matter will be absolutely without jurisdiction. I, therefore, direct the papers to be returned.