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Jodoonath Mundul Vs. Brojo Mohun Ghose and - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1886)ILR13Cal174
AppellantJodoonath Mundul
RespondentBrojo Mohun Ghose And; Raj NaraIn Ghose
Excerpt:
appeal - sale in execution of decree--civil procedure code, section 294--application for leave to bid--decree-holder. - prinsep, j.1. this is an appeal against an order passed by the munsif refusing to give the decree-holder permission to purchase at a sale held in execution of a decree.2. in our opinion no appeal lies against such an order. the appellant's pleader contends that an appeal lies under section 588, clause 16, but that clause seems to us to allow an appeal only against an order under section 294 confirming or setting aside or refusing to set aside a sale of immoveable property, and not against an order refusing to give a decree-holder permission to bid. the appeal must therefore be dismissed with costs.
Judgment:

Prinsep, J.

1. This is an appeal against an order passed by the Munsif refusing to give the decree-holder permission to purchase at a sale held in execution of a decree.

2. In our opinion no appeal lies against such an order. The appellant's pleader contends that an appeal lies under Section 588, Clause 16, but that clause seems to us to allow an appeal only against an order under Section 294 confirming or setting aside or refusing to set aside a sale of immoveable property, and not against an order refusing to give a decree-holder permission to bid. The appeal must therefore be dismissed with costs.


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