Law: Civil Procedure Code (V of 1908)

Section: 60 (1)

(a) Civil Procedure Code (V of 1908), S. 60 (1), proviso read with 0. XXI, r. 46(1)(c)-Word "money"-Amount deposited as security-Does not cease to be money-Such money not excluded by proviso, hence attachable-[Gajraj Sheokrandas v. Sir Hukamchand Sarupehand and another A I R 1939 Bom. 90 dissented from]. Gajraj Sheokrandas v. Sir Hukamchand Sarupchand and another A I R 1939 Bom. 90 dissented from. Province of West Bengal and the Province of East Bengal v. Banamali Sen and another 54 C W N 322 and S. B. Das v. C. T. A. R. A. Muthia Chetty 561 C 948 rel. Mahant Shantanand Gir v. Mahant Basudevanand Gir 52 All. 619 ref. (b) Civil Procedure Code (V of 1908), S. 60(1)-Attachment-- Security deposited with Government put under attachment- Government officer in custody of amount cannot forfeit same on account of dues payable to Government-Forfeiture if made would amount to contempt of Court. Crown v. Abdul Rashid Tarka Bagish P L D 1950 Dacca 1 ref. Dates of hearing: 25th, 28th April, 1st and 2nd May 1969.   JUDGMENT A. S. CHOWDHURY, J.----This revisional application is directed against an older made by Mr. R. K. Biswas, Subordinate Judge, Rajshahi, on 25-11-67, dismissing the Miscellaneous Case No. 26 of 1965 by which the objection raised by the Province of East Pakistan to the order of attachment of a sum of Rs. 25,725 lying in security was rejected and it arises in the following circum stances :- The learned Subordinate Judge by an order made on 27-9-62 in O. C. Suit No. 59 of 1962 attached the amount of Rs. 25,785 which was lying with the Executive Engineer, C. & B. Department Building Division 1, Rajshahi, in deposit to the credit of the judgment-debtor Belayet Ali. No objection to the attachment order was filed until 30-4-65, although the order of attachment was received by the said Engineer on 29-9-62 learned Subordinate Judge directed the Executive Engineer to send the attached amount to the Court on 8-7-64 and on 16-7-64, Mr. S. H. Akand who described himself as the Executive Engineer, Rajshahi, Building Division No. I, sent a letter in reply stating that " the undersigned has the honour to intimate that the money attached by his Court…