- (1.) This is an application to set aside an order of the Principal Sudder Ameen of Hooghly, by which the Maharajah of Burdwan, as a decree-holder, was prohibited from sharing in certain sale proceeds in Court in execution of a decree. The first ground for the application is that the Principal Sudder Ameen acted without jurisdiction, in ordering, on the application of a third party that certain sale proceeds which he had already directed to be rateably distributed among certain decree-holders, should be withheld from one of those decree-holders, viz., the Maharajah of Burdwan; and that in this view, the order of the Principal Sudder Ameen, being without jurisdiction, should be set aside.
(2.) The second ground is that the proceedings of the Principal Sudder Ameen are opposed to the provisions of Sections 270 and 271, Act VIII of 1859, and that, therefore, they ought to be set aside as illegal.
(3.) I am of opinion that the first ground, viz., that the Principal Sudder Ameen acted without jurisdiction is correct, and that, therefore, it is not necessary to go into the second point at all as a matter for judicial decision.;