Prosunno Coomar Roy Chowdry v. Haran Chunder Chatterjee

Jackson, J.:— The point in question here, viz., as to the authority of the District Court to issue the notice of foreclosure under section 8, Regulation XVII of 1806, has been, as pointed out by Baboo Kashee Kant Sen, who appears for the respondent, authoritatively settled by the Judicial Committee in the Privy Council in a case to be found in 4 Moore's Indian Appeals, 392 — Rasmoni Debea v. Pran Kishen Das, and unless there were absolute legislative provisions to the contrary, we should certainly follow that ruling, and I may be permitted to add, the reason of it appears unquestionable. The property mortgaged in this istance lay partly, perhaps originally wholly, within the district of Backergunj, and the instrument of mortgage, we understand, was registered in that district. Clearly, therefore, that was the proper Court to apply for proceedings in foreclosure. The appeal is dismissed with costs.