1899 (8) TMI 1 - HC - Indian Laws

Summary

Issues: Jurisdiction of Subordinate Judge under Section 13 of Act XII of 1887, Authority to entertain application for attachment and sale of properties, Applicability of Sections 88 and 90 of the Transfer of Property Act, Interpretation of District Judge's order assigning jurisdiction, Validity of decree-holder's application

In this case, the appeal was against an order of the Second Subordinate Judge granting the decree-holder's application for attachment and sale of properties belonging to the judgment-debtor. The decree was from a mortgage suit under Sections 88 and 90 of the Transfer of Property Act. The properties were sold following the decree. A subsequent order by the District Judge assigned civil business to different Subordinate Judges. The Second Subordinate Judge granted the application for attachment and sale, which was objected to by the judgment-debtor on jurisdictional grounds. The Court analyzed the District Judge's authority to assign jurisdiction under Section 13 of Act XII of 1887 and concluded that the Second Subordinate Judge had the jurisdiction to entertain and grant the application as the decree was made by him. The Court emphasized that the application was correctly made to the Second Subordinate Judge, in line with the decree's provisions. The Court cited previous cases to support its decision, including Kali Pado Mukerjee v. Dino Nath Mukerjee and Jagernath Sahai v. Dip Rani Koer. The Court held that the Subordinate Judge's order should not be interfered with and dismissed the appeal with costs.