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1951 Supreme(Pat) 94

LAKSHMIKANTA JHA, CHATTERJI
Sam Narain Singh – Appellant
Versus
Raghubans Mani Prasad – Respondent


Judgment

Chatterji, J.

1. This is an appeal by the judgment-debtors from an appellate order of the learned Additional District Judge of Gaya, dismissing their objection under Section 47 of the Code of Civil Procedure.

2. The decree under execution is a money decree passed by the third Court of Additional Subordinate Judge, Gaya, on the 26th October 1944. On 8th October, 1947, the decree-holder filed an application for execution in the third Court of Subordinate Judge, Gaya. On this application the office submitted a note that the decree was passed not by the third Court of Subordinate Judge, but by the third Additional Court of Subordinate Judge. Against this office note the decree-holders pleader noted on the application-

"The decree was not passed by A. Section J. III. It was passed by Additional Subordinate Judge which Court is not existing. Original Court was Sub-Judge III."

The decree-holders pleader was thereupon asked to produce the certified copy of the decree. When the decree was produced, it became clear that the decree was passed, not by the third Court of Subordinate Judge, but by the third additional Court of Subordinate Judge. Accordingly, on 19th January, 1948, the ap













































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