BARADA KANTA SAHA Vs. SHAIKH MAIJUDDI

JUDGEMENT

(1.) The questions referred to the Full Bench are as follows: (1) Whether a Provincial Small Cause Court has jurisdiction to order an attachment of immovable property before judgment. (2) Whether the case of Kedar Nath V/s. Hem Nath A.I.R. 1923 Cal. 176 or the case of Sadek Ali V/s. Samed Ali A.I.R. 1924 Cal. 198 was correctly decided?

(2.) The reference arises by reason of conflicting decisions of this Court in two cases, viz., Kedar Nath Pramanik V/s. Hem Nath Karmokar A.I.R. 1923 Cal. 176 and Sadek Ali v Samed Ali A.I.R. 1924 Cal. 198.

(3.) In the former case it was decided that a Provincial Small Cause Court can attach before judgment immovable property under the Civil P. C. of 1908. In the latter case it was decided that a Provincial Court of Small Causes has no power to attach immovable property before judgment under Order 38 of the Civil Procedure Code of 1908 and that an order of such a Court adjudicating a claim to property so attached is ultra vires.