High CourtsSingle Bench(1876) 12 CAL CK 0002

Poorno Chunder Coondoo vs Prosonno Coomar Sikdar and Another

Calcutta High Court · Decided on 7 December 1876 · Citation: (1877) ILR (Cal) 123

HON’BLE JUDGES
Pontifex, J

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Judgment

1 paragraphs · 70 words

Pontifex, J.—I have very little doubt that process of execution means actual process by attachment in execution of the judgment-debtor''s person or property. The case of Obhoychurn Dutt v. Mudoosudan Chowdhry 5 Wym. 172 is opposed to this: but I prefer the decision in Shib Chunder Bhadoree v. Luckhee Debia Chowdhrain 6 W.R. Mis. 51. In my opinion mere notice of execution is not sufficient process for enforcing the decree.