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Murari Singh Vs. Pryag Singh and ors. - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1885)ILR11Cal362
AppellantMurari Singh
RespondentPryag Singh and ors.
Cases ReferredJan Ali v. Jan Ali Chowdhry
execution - sale in execution of decree--suit for possession against auction-purchaser by setting aside sale--civil procedure code (act x of 1877) section 244. - bring a suit to set aside the sale. that being so, we think that the judgment of the lower courts dismissing plaintiff's suit is correct.4. we dismiss this appeal with.....

Mitter and Trevelyan, JJ.

1. We are of opinion that the appeal in this ease must fail. Without expressing any opinion upon the question whether the plaintiff's suit is barred by limitation, we think that upon the facts admitted in this case the plaintiff is not entitled to have a decree setting aside the sale. We think that the ruling in Jan Ali v. Jan Ali Chowdhry 10 W.B. 154 will govern this case.

2. There was an order by Mr. Drummond which, under Section 244 of the Code of Civil Procedure, had the force of a decree directing the sale of the property in dispute, and in execution the property in dispute was sold and purchased by a person who was not a party to the suit. That decree was subsequently set aside.

3. According to the authority referred to above, this will not entitle the plaintiff to bring a suit to set aside the sale. That being so, we think that the judgment of the lower Courts dismissing plaintiff's suit is correct.

4. We dismiss this appeal with coats.

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