NAZARALI Vs. BALA

JUDGEMENT

(1.) 1. The applicant in this case obtained a decree against one Bala for Rs. 218-6-6 including costs. Bala was a contractor for the G.I.P. Ry. Co. The applicant applied for execution to the Small Cause Court, Khandwa, and asked for a prohibitory order for attachment of certain money due to Bala by the G.I.P. Ry. Co. The applicant obtained the order and it was sent to the Chief Auditor, Bombay, and to the Loco Traffic Manager, Nagpur. The Bombay Office returned it on 27th March 1925, pointing out, and rightly so, that the attachment obviously fell under Order 21, Rule 46, Civil P.C., and should come from a Judge having jurisdiction in Bombay. Then the prohibitory order was served on the Station Master, Khandwa, obviously a wrong person to address such a document to. The execution proceedings have been struck off as wholly infructuous.

(2.) IT is fairly obvious that unless the applicant can bring the prohibitory order under Order 21, Rule 48, Civil P.C., he has no case. I am certain that the property, in this case, which belonged to a Railway contractor and consisted of payments to be made to him for work done, is neither the salary nor the allowance of a servant of the Railway Company. It is also clear that the Station Master, Khandwa, was not the proper person to address to in the matter. On the facts I have no hesitation in finding that the execution proceedings have been properly disposed of. I accordingly dismiss this application with costs. The applicant will pay the non-applicants' costs. I fix pleader's fees at Rs. 15.