Amir Chand – Appellant
Versus
Bakshi Harihar Prashad Singh and others – Respondent
Sir John Edge :—
The plaintiff in the suit in which this appeal has arisen is Babu Amir Chand, the adopted son and representative of Babu Fakir Chand, deceased. On the 29th March, 1888, one Bakshi Bam Newaz Singh obtained a decree for sale, under S. 88 of the Transfer of Property Act, 1882 (Act IV of 1882), of certain immovable property of which he was a mortgagee. To the suit in which that decree was made Babu Fakir Chand was a defendant. An order absolute for sale, under S. 89 of that Code was made in the suit for sale on the 4th January 1902 by the Trial Judge, and was confirmed on appeal by the High Court at Calcutta on the 18th December 1903. The representatives of Bakshi Ram Newaz Singh thereupon applied for execution of the decree for sale. On the 18th May 1904 Babu Amir Chand, who was the representative of Babu Fakir Chand, then dead, presented to the Court executing the decree for sale a petition of objections under S. 211 of the Code of Civil Procedure, 1882, Act XIV of 1882. Some of Babu Amir Chand's objections were allowed, others of his objections were disallowed on the ground, amongst others, that he had failed to support them by sufficient evidence.
On the 23rd January
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