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Judgment
4 paragraphs · 122 wordsRoss, J.—In this case the learned Magistrate attached the land in dispute under S. 146, Criminal Procedure Code, holding that it was not possible to ascertain as to who was in possession because, on the date fixed for hearing, the parties did not appear.
The learned Counsel for the opposite party concedes that the order cannot be supported. It was the duty of the learned Magistrate, before attaching the property, to make some enquiry in order to ascertain, if possible, who was in possession. No enquiry was made and the order cannot stand.
The order is set aside and the case must be remanded to the Magistrate to take evidence and decide it according to law.
Order set aside.