JNANENDRA PRASAD BOSE Vs. GOPAL PRASAD SEN

JUDGEMENT

(1.) These are two civil revisions arising out of certain matters before the Subordinate Judge of Cuttack in which a somewhat extraordinary course has been followed.

(2.) There was litigation between the plaintiff and the defendant which ultimately reached the Privy Council and under the decree of the Privy Council the defendant was ordered among other things to deliver to the plaintiff possession of a certain house. The decree of the Privy Council was sent down to the lower Court for execution by order of this Court. There were a number of intermediate proceedings which it is unnecessary to recount, but the Subordinate Judge sent his naib nazir to the house in question with instructions to deliver it up to the plaintiff. On arriving at the place an individual named Satyabadi Das was found in possession of the house taking up a defensive attitude with the encouragement and support of a number of his local friends. The naib nazir appears to have been overawed by this display and furthermore to have been affected in some way by a statement on behalf of Satyabadi Das that he was entitled to remain in possession. He thereupon sent from the spot a message to the Subordinate Judge and asked what he was to do. The Subordinate Judge wrote back on the message that the naib nazir was to execute the writ of delivery of possession according to law. But the naib nazir was apparently too alarmed to do this and notwithstanding that he had the assistance of an officer of police and two constables the threatening attitude of Satyabadi Das appears to have entirely overcome his resolution and he made a further report to the Subordinate Judge in which he said that he had had to come back without executing the writ. This incident took place on 19 August 1932.

(3.) As a result of this, on 22 August, 1932, the decree-holder's advocate appeared before the Subordinate Judge who directed a re-issue of the writ and directed that the writ in this particular case was to be executed by the other naib nazir in his service. The second naib nazir went to the spot and again found Satyabadi Das and considered that he was not entitled in law to execute the writ being convinced by the legal arguments which were apparently put forward by Satyabadi Das before him, so that notwithstanding the order of the Subordinate Judge the writ was not executed.