ALKASH ALI KHALIFA Vs. NATH BANK LTD. AND ANR.

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the Sub -Judge L.A.D. dated 29 -3 -1949 by which plaintiffs claim for a declaration that certain bills got attached by defendant 1 in execution of a money -decree against defendant a were not liable to attachment at the instance of defendant 1 was decreed.

(2.) MAFZAL Ahmed, defendant 2, was a military contractor. He needed money for carrying on his contract business. He made an arrangement with the plaintiff, Messrs. Nath Bank, Ltd, Gauhati, by which the Bank was to advance -him money on over drafts amount or otherwise on the security of his contracts and supplier with the military and also against bills dawn in his favour or against drawn up bills to drawn in his favour of the Bank for discounting, and collection, etc. But these advances were to -be made by the Bank on defendant 2's (Mafazal Ahmed's) executing an irrevocable power of attorney in favour of the said Bank In pursuance of the arrangement an irrevocable power, of attorney was executed in favour of the Bank, on 31 -10 -1946. The power of -attorney had bean marked Ex. 2 The relevant portion of the power of attorney is as follows :

(3.) THE next question is whether the power of attorney is such a writing as will satisfy the requirements of Section 130, T.P. Act which lays down that: