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J. Ovid v. Seth Chanda Bhan Opposite Party.

Allahabad High Court
Jul 5, 1922
Important Paras
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1. The Magistrate had certainly no jurisdiction to direct the loek to be broken and the property to be handed over to the third party as custodian, but, at the same time, I fail to see that either the Sessions Judge 01 the High Court has any jurisdiction, either, to interfere in the matter. The remedy of Ovid is clearly by a suit in the Civil Court. I do not consider it necesssary to make any remarks as to what the nature of this suit should be or who should be the defendant, but it is clear to my mind time any order I might pass in the matter will be absolutely without jurisdiction.

2. I, therefore, direct the papers to be returned.

3. Interjerence declined.