DIn Dayal Vs. Patrakhan - Court Judgment
|Court||Allahabad High Court|
|Judge||John Edge, Kt., C.J.,; Knox,; Blair,; Banerji and; Aikman, JJ.|
execution of decree - suit of the nature cognizable in courts of small causes--civil procedure code, section 586. - john edge, kt., c.j.1. this is an appeal from the order of a subordinate judge passed in an appeal from an order of a munsif on an objection filed to an application for execution of a decree. the suit was one of the nature cognizable by a court of small causes, and the value of the subject matter did not exceed rs. 500. it has been held by this court in harakh v. ram sarup i.l.r. 12 all. 579, that section 586 of the code of civil procedure bars such an appeal in such a case. the same view of the law was taken by the calcutta court in sri bullov bhattacharji v. baburam chatlopadhya i.l.r. 11 cal. 169, and by the madras court in aithala v. subbanna i.l.r. 12 mad. 116. we accordingly dismiss this appeal with costs.
John Edge, Kt., C.J.
1. This is an appeal from the order of a Subordinate Judge passed in an appeal from an order of a Munsif on an objection filed to an application for execution of a decree. The suit was one of the nature cognizable by a Court of Small Causes, and the value of the subject matter did not exceed Rs. 500. It has been held by this Court in Harakh v. Ram Sarup I.L.R. 12 All. 579, that Section 586 of the Code of Civil Procedure bars such an appeal in such a case. The same view of the law was taken by the Calcutta Court in Sri Bullov Bhattacharji v. Baburam Chatlopadhya I.L.R. 11 Cal. 169, and by the Madras Court in Aithala v. Subbanna I.L.R. 12 Mad. 116. We accordingly dismiss this appeal with costs.