KEDARNATH PARAMANIK Vs. HEM NATH KARMAKAR

JUDGEMENT

(1.) THIS is a Reference under Order XLVI, Rule 1, Civil P. C., made by the Munsif of Basitha, Second Court, for decision of the question whether the Provincial Small Cause Court under the present Civil P. C. can attach before judgment any immoveable property. THIS Bench has already decided in the case of Kumttd Behary Pal V/s. Hart Charan Sardar 53 Ind. Cas. 814 : 46 C. 717 : 31 C.L.J. 179 that a Provincial Small Cause Court has power.to attach movables before judgment. Under the present Civil P. C. no distinction can be drawn between the power of the Provincial Small Cause Court to attach immoveable property before judgment, and for the reasons given by us in the case cited, we answer the point referred by saving that the Provincial Small Cause Court can attach before judgment any immoveable property.