Judgement

Consolidated Appeals (No. 93 of 1932) by special leave from two decrees of the Court of the Judicial Commissioner, North-West Frontier Province (December 2, 1930), reversing a decree of the District Judge, Peshawar (February 27, 1930).

The appellant instituted a suit against the respondents in the District Court of Peshawar for declarations that lands of respondent No. 2 had been attached and were still under attachment for the satisfaction of decrees for rent obtained by the appellant in the Revenue Court, and that certain transactions of sale or mortgage effected by respondent No. 2 in favour of respondent No. 1 were ineffectual against his, the appellants, rights. Respondent No. 2 had obtained an order of the Revenue Court setting aside the attachments, and the Revenue Commissioner had dismissed an appeal on the ground that no appeal lay.

The facts appear from the judgment of the Judicial Committee.

The Court of the Judicial Commissioner, reversing a decree of the District Judge, dismissed the suit. The learned Judicial Commissioners said that the object of the suit was nothing more nor less than to get the orders of the executing Court set aside. In their opinion the