Kedarnath Paramanik vs Hem Nath Karmakar

This is a Reference under Order XLVI, Rule 1, Code of Civil Procedure, made by the Munsif of Basitha, Second Court, for decision of the question whether the Provincial Small Cause Court under the present CPC can attach before judgment any Immovable property. This Bench has already decided in the case of Kumttd Behary Pal v. Hart Charan Sardar 53 Ind. Cas. 814 : 46 C. 717 : 31 C.L.J. 179 that a Provincial Small Cause Court has power.to attach movables before judgment. Under the present CPC 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 saving that the Provincial Small Cause Court can attach before judgment any Immovable property.