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Judgment
Henderson, J.—The question raised in these appeals is whether the Munsif had jurisdiction to go on with the execution. The decrees were obtained in Cooch Behar. The Appellant has applied to a Debt Settlement Board under the provisions of the Bengal Agricultural Debtors Act. The decision depends on the meaning of the word "otherwise" in sec. 2, sub-sec. (8) of the Act. Clearly the Court of Cooch Behar is not a Civil Court within the meaning of sec. 2, sub-sec. (6) (a). The word "otherwise" has been interpreted in a decision of a Division Bench of this Court in the case of Tarak Nath Kundu v. Panchanan Dutt 43 C. W. N. 886 (1939).. The effect of that decision is that the present claims are not debts within the meaning of the Act. The Courts below rightly relied upon this decision.
There was some interesting discussion as to what would be the result if the word "otherwise" were to be interpreted as otherwise than under a decree passed by a Civil Court within the meaning of the Act. In view of the decision of the Division Bench which is binding on me, I do not consider it necessary to decide this question.
The appeals are dismissed. I make no order as to costs.