GURU DAS HAZRA Vs. GLWEATHERAL

JUDGEMENT

(1.) This is a Rule calling on the Magistrate of the District and the opposite party to show cause why the order complained of in this petition should not be set aside as having been made without jurisdiction.

(2.) It appears that on the report of a certain police-officer the Magistrate drew up proceedings on the 22nd November, 1906, under Section 145, Criminal Procedure Code, against the parties concerned. He further issued an order for attachment, as he considered it necessary to attach the property in dispute pending the disposal of the case. We find that on the 22nd November, 1907, the Magistrate recorded the following order in the order sheet.--"The settlement proceedings will shortly begin and a big case like this can best be decided then. The case is adjourned sine die."

(3.) On the 23 December about a month after the above order there was a petition put in by the second party to those proceedings, in consequence of which the Magistrate personally went to the place and made a local inspection. From what was stated in the petition and also from what he saw, the Magistrate found it necessary to go on with the case which had been adjourned sine die in expectation of some settlement proceedings.