PRAMATHA NATH MALIA Vs. HVLOW AND CO

JUDGEMENT

(1.) By a consent decree made on 25 August 1925 a sum of four lakhs of rupees with interest payable by instalments was ordered to be paid by the defendant to the plaintiff company. The decree provided that the decretal amount should be secured by a first charge upon the Chalbulpore Colliery with all fittings and fixtures, and that in default of payment of any instalment the plaintiffs should be entitled to execute the decree and "at their option to have the said colliery which is hereby charged sold in execution of the decree made in this suit."

(2.) On 5 January 1929 the plaintiff-company made an application to this Court for execution of the decree and for an order for sale by the Registrar, but on the application being heard the Court was asked to appoint a receiver with liberty to sell the property. The learned Judge so ordered and against his order an appeal, which was dismissed on 17 July 1929, was preferred. The defendant now applies for leave to appeal to His Majesty in Council and for the necessary certificate to be granted.

(3.) The only question involved in these proceedings is whether the sale of the properties should be held under the order of this Court or under the order of the local Court. It has been contended that the order of this Court was made without jurisdiction, but the power of this Court, in appropriate cases, to appoint a receiver and to direct him to sell property in the mufassil is not challenged and indeed such a view, for which one of the earliest authorities is Juggodumba V/s. Puddomoney [1875] 15 B. L.R. 318 has been acted upon for many years.