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  • Order XLYI, rule I, Code of Civil Procedure
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  • Order XLYI, rule I, Code of Civil Procedure

    Kedarnath Paramanik v. Hem Nath Karmakar

    Newbould and Panton, JJ.:— This is a reference under Order XLYI, rule I, Code of Civil Procedure made by the Munsif of Basirhat, 2nd Court, for decision of the question whether the Provincial Small; Cause Court under the present Code of Civil Procedure can attach Jsefore judgment any immovable property. This Bench has already decided in the case of Kumud Behary Pal…Plaintiff; v. Hari Charan Sardar…Defendant. Court has power to attach movables before judgment. Under the present Code of Civil Procedure no distinction can be drawn between the power of the Provincial Small Cause Court to attach immovable property before judgment, and for the reasons given by us in the case cited, we answer the point referred by saying that the Provincial Small Cause Court can attach before judgment any immovable property.

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    Kedarnath Paramanik v. Hem Nath Karmakar
    (Feb 28, 1922)