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Municipal Commissioners vs Shaikh Mosafir on 3 December, 1937

Calcutta High Court
Municipal Commissioners vs Shaikh Mosafir on 3 December, 1937
Equivalent citations: AIR 1938 Cal 235
Author: Bartley


JUDGMENT

Bartley, J.

1. This rule is nod opposed and it is made absolute. The orders complained of are set aside. The execution Case will be restored and will proceed. There will be no order as to costs in this Rule Under Order 21, Civil P.C., the decree-holder is called upon to annex an inventory of the moveable property to be attached only when that property is not in the possession of the judgment-debtor and it. is difficult to see how, if the property is in the possession of the judgment-debtor, the decree- holder can reasonably be called upon to supply either an inventory with an accurate description of the articles sought to be attached or their approximate value.

Nasim Ali, J.

2. I agree. The learned Subordinate Judge appears to have relied on Rule 199, Vol. 1, of the Civil Rules and Orders issued by the authority of this Court. If this rule is interpreted to mean that the application for attachment of moveable property in the possession of the judgment-debtor is to be dismissed unless it contains a reasonably accurate description and approximate value of the articles sought to be attached, it would be inconsistent with the provisions laid down in Order 21, Civil P.C.

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