Short Note : 1. The dispute related to a house. As non-applicants were trying to dispossess Gopalsingh forcibly, an application under section 145 of the Code, was filed before the Sub-Divisional Magistrate. On 9-2-1973 after getting the police report, the Sub-Divisional Magistrate passed order for attachment of the disputed house. Held : On perusal of the impugned order dated 9-2-1973, It appears that the learned Sub-Divisional Magistrate has not at all mentioned if he was satisfied as to the existence of apprehension of breach of peace and consequently, there was no mention of satisfaction as to existence of emergency to warrant issuance of attachment of the disputed house. The mare fact that there was police report and notice under section 145 (1) of the Code, was issued to the parties and that the application mentioned the seriousness of the situation, would by itself not lead to conclude that the learned Sub-Divisional Magistrate must have felt satisfied as to the existence of the apprehension of the breach of peace or it being a case of emergency. State Vs. Chumilal, 1974 JLJ SN 21 relied on.