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Khetra Mohan Saha and ors. Vs. Sarat Chandra Saha - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1926Cal830,94Ind.Cas.352
AppellantKhetra Mohan Saha and ors.
RespondentSarat Chandra Saha
Excerpt:
civil procedure code (act v of 1908), section 47 - stay of execution, refusal of--appeal, if lies. - 1. as this is an appeal purporting to be against an order which merely refuses to stay execution of a certain decree, there is no appeal under the code against such an order which is not an order under section 47, c.p.c.2. the appeal is, therefore, dismissed but without cost as there is no appearance on behalf of the respondent.
Judgment:

1. As this is an appeal purporting to be against an order which merely refuses to stay execution of a certain decree, there is no appeal under the Code against such an order which is not an order under Section 47, C.P.C.

2. The appeal is, therefore, dismissed but without cost as there is no appearance on behalf of the respondent.


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