Kedarnath Pramanik vs Hem Nath Karmaker

This is a reference under Order XLVI, rule 1, CPC made by the Munsif of Basirhat, 2nd Court, for decision of the question whether the Provincial Small Cause Court under the present CPC can attach before judgment any immoveable property. This Bench has already decided in the case of Kumud Behary Pal v. Hari Charan Sardar (1918) 46 Cal. 717 - 31 C.L.J. 179 - 53 I.C. 814 that a Provincial Small Cause Court has power to attach moveable before judgment. Under the present CPC no distinction can be drawn between the, power of the Provincial Small Cause Court to attach immoveable 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 immoveable property.