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Addl Dist Judge, Jubbulpore, D/ 'and interest of the mortgagee
in the 26th October 1932 mortgaged property itself, but the right
Civil P C (1908), O 21, R 46-Execut to receive such sums as the
manager of ing Court--Jurisdiction to pass prohibitory order -Either
debt or garnishee must be the encumbered estate would have within
jurisdiction thought fit in justice and equity to pay Under 0 21,
R 46 the executing Court has to the creditor, and therefore the
Court no jurisdiction to pass any prohibitory order having jurisdiction
over thef subject- unless either the debt to be attached is within
the territorial jurisdiction of that Court or the matter of the
attachment was not the person against whom it is claimed resides
with Court within whose jurisdiction the in its jurisdiction
1
AIR 1932 Pat 148
All India Reporter, Patna Series
India - Bihar
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