Subsisting execution attachment becomes void under Encumbered Estates Act once Collector acts; Special Judge bar is narrowly confined.

The exclusionary bar in Sections 45 to 47 of the Encumbered Estates Act, 1934 applies only to decisions and orders made by a Special Judge under the Act, so an order passed by a Munsif in ordinary civil jurisdiction is not covered. A subsisting attachment in execution remains effective until the Collector passes an order under Section 6, and then Section 7(1) operates to render that attachment and related execution process null and void. On that basis, the attached money could not be paid to the decree-holder once the Collector's order was made.

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Issues: (i) Whether the second appeal was barred by Sections 45 to 47 of the Encumbered Estates Act, 1934, and (ii) whether the attachment of the money in Court was still in force when the Collector passed the order under Section 6 so as to attract Section 7(1) of the Encumbered Estates Act, 1934.

Issue (i): Whether the second appeal was barred by Sections 45 to 47 of the Encumbered Estates Act, 1934.

Analysis: The bar under Sections 45 to 47 applies only to decisions, decrees, orders, and proceedings of a Special Judge acting under the Act. The impugned order had been made by the Munsif in his ordinary civil jurisdiction under Section 47 of the Code of Civil Procedure, not as a Special Judge under the Act. The statutory finality and exclusion of jurisdiction therefore did not attach to that order.

Conclusion: The second appeal was maintainable and was not barred by Sections 45 to 47 of the Encumbered Estates Act, 1934.

Issue (ii): Whether the attachment of the money in Court was still in force when the Collector passed the order under Section 6 so as to attract Section 7(1) of the Encumbered Estates Act, 1934.

Analysis: Section 7(1) renders existing attachments and execution processes null and void once the Collector passes an order under Section 6. The money had already come into Court under the attachment, and no order had been made directing payment to the decree-holder before the Collector acted. The attachment was therefore regarded as subsisting and effective at the relevant time.

Conclusion: The attachment was in force, and it became null and void under Section 7(1), so the money could not be paid to the decree-holder.

Final Conclusion: The appeal succeeded, the orders below were set aside, and the judgment-debtor obtained the relief sought against payment of the attached money to the decree-holder.

Ratio Decidendi: A subsisting attachment in execution becomes void by operation of Section 7(1) of the Encumbered Estates Act, 1934, once the Collector passes an order under Section 6, and the exclusionary provisions of Sections 45 to 47 apply only to orders passed by a Special Judge acting under the Act.

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