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Kuar Radhka Raman Parshad and ors. Vs. Musammat Gulzari Kuar - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in13Ind.Cas.147
AppellantKuar Radhka Raman Parshad and ors.
RespondentMusammat Gulzari Kuar
Excerpt:
civil procedure code (act v of 1903), section 101(2), order xliii, rule 1(j), order xxi, rule 90, 92--order setting aside sale--second appeal. - .....it no decree and no certificate such as is required in the case of decrees sent from a foreign court for execution to another court. order xliii, rule 1(i) grants an appeal from orders setting aside a sale. section 104 of the code exacts that no appeal shall lie from any order passed in appeal in such a case. this objection is fatal. we dismiss this appeal with costs.2. but, inasmuch as the case is one which, calls for farther consideration, we proceed to take it up in revision and we direct that notice be sent to the opposite side.
Judgment:

1. A preliminary objection is taken to the hearing of this appeal; and the objection is to the effect that no appeal lies. The application before the Subordinate Judge of Ghazipur was an application on the part of the judgment-debtor praying that the sale of certain property which had been held by the Court might be set aside. The Court considered the application and, in our opinion, dealt with it under powers which it believed it had under Order XXI Rule 90. It passed an order setting aside the sale and the ground on which it set aside the sale was that the Court had before it no decree and no certificate such as is required in the case of decrees sent from a foreign Court for execution to another Court. Order XLIII, Rule 1(i) grants an appeal from orders setting aside a sale. Section 104 of the Code exacts that no appeal shall lie from any order passed in appeal in such a case. This objection is fatal. We dismiss this appeal with costs.

2. But, inasmuch as the case is one which, calls for farther consideration, we proceed to take it up in revision and we direct that notice be sent to the opposite side.


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