Annada Persad Pal and another vs Khoda Box Mallik and another

We think that there is no question of jurisdiction in this case. It does not appear to us that the Deputy Magistrate adjudicated formally between the parties as to the right of either to the money in question. The money was in deposit in the Court, and the question arose as to its disposal. The opposite party had brought a suit against the present Petitioner for the value of crops, which was represented by the money in question in deposit in the Deputy Magistrate''s Court, While the adjudication of the civil case was in his favour so far as the title to the property is concerned, it appears to have been held that he had no cause of action against the Petitioner, inasmuch as the act in respect of which the suit was brought was the act of the Court. We are not prepared to say that the Deputy Magistrate was not justified, in such circumstances, in making over the money to the opposite party; but, in any case, as we have said, it appears to us that he was not exercising any judicial power in the matter, and, therefore, it is not a matter in which we can interfere. The rule is accordingly discharged.