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Khararia Mijazilla Zamindari Syndicate Ltd. Vs. Omed Sheikh and ors. - Court Judgment

LegalCrystal Citation
Decided On
Reported inAIR1924Cal811
AppellantKhararia Mijazilla Zamindari Syndicate Ltd.
RespondentOmed Sheikh and ors.

1. These rules must be made absolute, It is not necessary that the application for execution made by a person other than the decree-holder under Order 21, Rule 11(2) should be verified after the application for permission has been made; nor is it necessary that the verification should be made in the presence of the Court. All that is necessary is that the Court should be satisfied that the person who signed the verified application is acquainted with the facts of the case. In the present case, there can be no doubt that the person who signed this application was acquainted with the facts of the case and there was no ground for rejecting the application.

2. We accordingly set aside the order of the lower Court rejecting these applications and direct that he do admit them and do proceed according to law.

3. This order will govern Civil Revision Nos. 143 to 146 of 1923.

4. We make no order as to costs in these rules.

5. Let all records be sent down at once.

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