GUNAPUTTY ROY AGARWALLA Vs. THAKURDYE THAKURANI

JUDGEMENT

(1.) The plaintiff obtained a decree against one Ram Behary Khettry. The decree was transferred for execution to the Calcutta Small Cause Court and a claim was put in by the first defendant Thakurdye Thakurani. Proceedings were taken, on that claim and proceeded for some time. The plaintiff took two adjournments and apparently between the dates of the adjournments, filed the present suit in this Court, claiming among other reliefs an injunction restraining the defendant, Thakurdye Thakurani, from proceeding with her claim in the Small Cause Court.

(2.) It is certainly an objection to this application that it has been so long delayed after the plaintiff; had himself initiated the proceedings which he now seeks to restrain. The plaintiff himself had the decree transferred for execution to the Small Cause Court which he asked to execute the decree. Upon a claim being made in those execution proceedings he for a considerable time acquiesced in that claim being heard in the Small Cause Court.

(3.) There is, however, a more serious objection to the application; one in fact which goes to the root of it. The ground upon which this suit is filed is that only this Court can determine the question of title to the tiled huts which are the subject of the execution proceedings in the Small Cause Court.