Jagnandan Singh Vs. Behari Lal - Court Judgment
|Court||Allahabad High Court|
|Judge||John Edge, Kt., C.J. and; Blair, J.|
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.
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.