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Basudeo NaraIn Singh and ors. Vs. Seolojy Singh - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1887)ILR14Cal640
AppellantBasudeo NaraIn Singh and ors.
RespondentSeolojy Singh
Excerpt:
civil procedure code, section 244 - finality of order--competency of court. - 1. the question whether the decree-holder was entitled to sell the whole 8 annas or a 3 annas 12 dams share of the mortgaged premises, was decided by an order, dated 7th september, 1885. the court which made the order had full authority to make it under section 244 of the code of civil procedure. by reason of that order not being appealed from, it became final, the question disposed of by it is, therefore, no longer an open question between the decree-holder and the appellants before us. we, therefore, set aside the decision of the lower appellate court so far as the appellants are concerned. we do not interfere with the decision of the lower appellate court so far as the original judgment-debtors are concerned, as they have not appealed against it.2. the appellants are entitled to.....
Judgment:

1. The question whether the decree-holder was entitled to sell the whole 8 annas or a 3 annas 12 dams share of the mortgaged premises, was decided by an order, dated 7th September, 1885. The Court which made the order had full authority to make it under Section 244 of the Code of Civil Procedure. By reason of that order not being appealed from, it became final, The question disposed of by it is, therefore, no longer an open question between the decree-holder and the appellants before us. We, therefore, set aside the decision of the lower appellate Court so far as the appellants are concerned. We do not interfere with the decision of the lower appellate Court so far as the original judgment-debtors are concerned, as they have not appealed against it.

2. The appellants are entitled to recover the costs of this appeal and in the lower appellate Court from the respondents. We assess the costs of both hearings at Rs. 50.


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