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Ram Coomar Dey Vs. Shushee Bhooshun Ghose and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal626
AppellantRam Coomar Dey
RespondentShushee Bhooshun Ghose and anr.
Cases ReferredNaharmul Marwari v. Sadut Ali
Excerpt:
sale in execution of decree - civil procedure code (act xiv of 1882), section 313. - cunningham, j.1. we think that the construction put by the court below upon section 313 of the code of civil procedure was correct, and that the case of naharmul marwari v. sadut ali 8 c.l.r. 468 does not bind us, because in that case the learned judges considered that a state of things had come about in which the judgment-debtor had no saleable interest. in the present instance it is admitted that he has a saleable interest to the extent of eight annas. that being so we think we cannot hold that the case falls within the scope of section 313. the appeal must, therefore, be dismissed with costs.
Judgment:

Cunningham, J.

1. We think that the construction put by the Court below upon Section 313 of the Code of Civil Procedure was correct, and that the case of Naharmul Marwari v. Sadut Ali 8 C.L.R. 468 does not bind us, because in that case the learned Judges considered that a state of things had come about in which the judgment-debtor had no saleable interest. In the present instance it is admitted that he has a saleable interest to the extent of eight annas. That being so we think we cannot hold that the case falls within the scope of Section 313. The appeal must, therefore, be dismissed with costs.


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