Bhabagobinda Choudhury v. Bholanath Basak And Ors. Opposite Party

The Judgment of the Court was as follows:—

The learned Advocate for the Petitioner does not want to proceed against minor Opposite Parties Nos. 4 and 6. The Rule therefore stands discharged against the said minor Opposite Parties and proceeds against the remaining Opposite Parties at the Petitioners' risk.

The question as to what is the amount of a debt of a particular debtor is to be decided by the Board under Rule 145 of the Bengal Agricultural Debtors Rules. The Civil Court therefore has no jurisdiction to go into this question. We accordingly modify the order of the learned Subordinate Judge to this extent that the execution proceedings will be stayed against the Petitioner only.

There will be no order as to costs.

P.C