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Jagan Nath Vs. Ganesh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1896)ILR18All413
AppellantJagan Nath
RespondentGanesh and ors.
Excerpt:
execution of decree - civil procedure code, sections 278 et seqq.--effect of order on objection under section 278. - .....to the application in which the order is made and their representatives. an order in favour of a decree-holder on an objection under section 278 does not enure for the benefit of the other decree-holders who are not parties to the proceedings. the district judge appears to have thought that a decree-holder who obtains an order in his favour under these sections may be treated as representing all the other decree-holders holding decrees against the judgment-debtor and seeking to sell the same property. this is not the case of an order having been made in favour of a decree-holder at a time when several other decree-holders had obtained attachment of the same property. we say nothing as to what might be the effect of the order under section 280, section 281, or section 282 in favour of.....
Judgment:

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

1. The order which is final under Section 283 of Act No. XIV of 1882 is final only as between the parties to the application in which the order is made and their representatives. An order in favour of a decree-holder on an objection under Section 278 does not enure for the benefit of the other decree-holders who are not parties to the proceedings. The District Judge appears to have thought that a decree-holder who obtains an order in his favour under these sections may be treated as representing all the other decree-holders holding decrees against the judgment-debtor and seeking to sell the same property. This is not the case of an order having been made in favour of a decree-holder at a time when several other decree-holders had obtained attachment of the same property. We say nothing AS to what might be the effect of the order under Section 280, Section 281, or Section 282 in favour of one decree-holder so far as the other decree-holders were concerned who had obtained attachment. This view is consistent with the view taken by the Full Bench of this Court in Badri Prasad v. Muhammad Yusuf I.L.R. 1 All. 381. We set aside the decrees below and remand this case under Section 562 of the Code of Civil Procedure to the first Court to be disposed of according to law. Costs of this appeal and in the Court below will abide the result.


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