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Jagadish NaraIn Paramanik and ors. Vs. MahamuddIn Mahamed and ors. Minors Represented by their Guardian Grandmother Alakjadi Bewa and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in46Ind.Cas.529
AppellantJagadish NaraIn Paramanik and ors.
RespondentMahamuddIn Mahamed and ors. Minors Represented by their Guardian Grandmother Alakjadi Bewa and anr.
Excerpt:
civil procedure code (act v of 1908), sections 47 and 104, order xliii, rule 1(j) - application to set aside execution sale--appeal, second, whether lies. - ..........
Judgment:

1. This appeal must be dismissed. It is quite clear that the appellant in this case is not a representative of a party to the suit within the meaning of Section 47, Civil Procedure Code. That being so, unless he can bring the case under that section, there is no second appeal against the order of the learned Munsif. Even if the case came under Section 47 the order refusing to set aside the sale being appealable under Section 104(1)(i), is outside the definition of a decree and the order passed on appeal from such an order is final under Sub-section (2) of Section 104. The petitioner who claimed that he had got an interest paramount to the interest of the judgment-debtor, the interest of the judgment-debtor being altogether destroyed, could not ask the sale to be set aside under these circumstances. The present appeal, therefore, fails and must be dismissed will costs one gold mohur.


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