Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Second Subordinate Judge retained jurisdiction to entertain and grant the decree-holder's application for attachment and sale of property after an administrative distribution of civil business and an asserted division of parganas within the district.
Analysis: The jurisdiction of a Civil Court under Section 13(1) of the Bengal and N.-W.P. and Assam Civil Courts Act was held to be fixed by notification altering local limits, while Section 13(2) empowered the District Judge only to distribute civil business among Subordinate Judges subject to the statutory limits and any general or special orders of the High Court. Since the decree itself had been made by the Second Subordinate Judge, the further application for execution of that decree had to be made to the same officer. The administrative allocation of business could not divest the court which passed the decree of authority to act upon it.
Conclusion: The Second Subordinate Judge had jurisdiction to entertain the execution application, and the objection to jurisdiction failed.