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Jagnandan Singh Vs. Behari Lal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1897)ILR19All247
AppellantJagnandan Singh
RespondentBehari Lal
Excerpt:
execution of decree - surety after passing of decree--mode of realization of security--civil procedure code, section 253--jurisdiction. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools.....john edge, kt., c.j. and blair, j.1. the court of revenue had no jurisdiction to sell the plaintiff's property. it is true he was a surety; but he was not a surety to whom section 253 of the code of civil procedure applied, as he became a surety after the passing of the decree. the court of revenue in our opinion was without jurisdiction. we dismiss this appeal with costs.
Judgment:

John Edge, Kt., C.J. and Blair, J.

1. The Court of Revenue had no jurisdiction to sell the plaintiff's property. It is true he was a surety; but he was not a surety to whom Section 253 of the Code of Civil Procedure applied, as he became a surety after the passing of the decree. The Court of Revenue in our opinion was without jurisdiction. We dismiss this appeal with costs.


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