KUMUD BEHARY PAL Vs. HARI CHARAN SARDAR

JUDGEMENT

(1.) This is a reference under Rule 1, Order XLVI of the Civil Procedure Code by the Munsif of the 2nd Court at Alipore vested with Small Cause Court powers. The point referred is Whether a Provincial Small Cause Court has the power to attach moveables before judgment.

(2.) The provision of the Code relating to attachment before judgment is Rule 5, Order XXXVIII. Order L of the first schedule of the Code provides that certain portions of that schedule shall not extend to Courts, constituted under the Provincial Small Cause Courts Act, 1887, or to Courts exercising the jurisdiction of a Small Cause Court under that Act. It is quite clear that there is nothing in Order L to prevent Small Cause Courts exercising powers of attachment before judgment.

(3.) The only other provision in the Code that requires to be considered is Section 7 of the body of the Code. Under that section, Sections 94 and 95, so far as they relate to injunctions and interlocutory orders, do not extend to Provincial Small Cause Courts or Courts exercising the jurisdiction of a Court of Small Causes.