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Issues:
1. Jurisdiction of a Sub-divisional Magistrate to decide on the ownership of attached property in a civil matter. 2. Interpretation of Order 21, Rule 52 of the Civil Procedure Code regarding attachment of property. 3. Applicability of Civil Procedure Code provisions to Magistrates in civil matters. Detailed Analysis: Issue 1: The case involves a dispute over the ownership of Rs. 7000 seized by a Sub-divisional Magistrate in a criminal case, which was later attached in a civil matter. The petitioner, claiming the amount under a civil decree, had the money attached by the Munsif of Puri. The Sub-divisional Magistrate, in a surprising move, conducted an inquiry and ruled that the money belonged to a religious institution represented by the Mahant. The petitioner challenged this decision, arguing that the Magistrate exceeded his jurisdiction by deciding a civil matter. Issue 2: The interpretation of Order 21, Rule 52 of the Civil Procedure Code was central to the judgment. The rule deals with the attachment of money in the custody of a court and the resolution of disputes regarding ownership or priority. The court clarified that Rule 52 does not empower a Magistrate to adjudicate on ownership claims over attached property, especially when it involves a civil decree. The judgment emphasized that such matters fall under the exclusive purview of civil courts. Issue 3: The judgment also addressed the applicability of Civil Procedure Code provisions to Magistrates in civil matters. It emphasized that the Code is designed for civil judicature and cannot be invoked before a Magistrate to decide on property disputes. The ruling highlighted the distinction between the functions of Magistrates under the Criminal Procedure Code and the jurisdiction of civil courts in civil matters. It underscored that a Magistrate's role is not to entertain civil petitions but to refer such disputes to the appropriate civil court for resolution. In conclusion, the High Court held that the Sub-divisional Magistrate had acted beyond his jurisdiction by deciding on the ownership of the attached money in a civil dispute. The judgment clarified the limitations of a Magistrate's authority in civil matters and reinforced the exclusive role of civil courts in adjudicating civil disputes. The revision petition was allowed, setting aside the Magistrate's order and dismissing the petition of the opposite party.
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