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1899 (8) TMI 1

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..... g to the judgment-debtor. 2. The decree was in a mortgage suit, and it seems to have been made under the combined provisions, so to say, of Sections 88 and 90 of the Transfer of Property Act. The mortgaged properties belonging to the judgment-debtor were, in pursuance of the order of the Court which made the decree, sold on the 5th December 1898. Subsequently an order was made by the District J .....

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..... rch 1899, for the attachment and sale of certain properties which, as it is now stated before us, are situate within the local limits assigned to another Subordinate Judge not being the Second Subordinate Judge who had made the decree itself; and an objection was thereupon raised that the Second Subordinate Judge had no authority in law--in fact, no jurisdiction, to entertain and grant the applica .....

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..... the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act. There is no question before us that the Second Subordinate Judge was appointed with the jurisdiction over the whole district, and therefore we do not see how his jurisdiction could have been limited, in the way as it is stated it was, by the order of the Judge under Clause (2) of Section 13 .....

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..... also by the observations of this Court in the case of Jagernath Sahai v. Dip Rani Koer I.L.R (1895) 22 Cal., 871 The particular passages from the latter case bearing upon this matter are to be found at pp. 874 and 875 of the report. 5. For these reasons we think that the order of the Subordinate Judge ought not to be interfered with in this appeal, and the appeal will accordingly be dismissed w .....

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