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1953 Supreme(Pat) 69

V.RAMASWAMI, B.P.JAMUAR
Gopi Lal – Appellant
Versus
Jamuna Prasad – Respondent


Judgment

1. This application in revision is preferred on behalf of the judgment-debtors against an order of the Subordinate Judge, 2nd Court, Patna, dated 26-6-1950, in an execution case.

2. An appeal has also been filed against the same order as a matter of precaution.

3. On 18-9-1926, the opposite party decree-holders obtained a mortgage decree which was later confirmed by the High Court in appeal. Several execution cases were taken out; but the last execution case was instituted in the year 1942. This was Execution Case No. 27 of 1942 in which the decree-holders claimed the sum of Rs. 2,749 and odd from the judgment-debtors concerned. The judgment-debtors preferred objections under Sec. 47, Civil P. C. on the ground that the execution of the decree was barred by limitation, and that no valuation was fixed under the Money-Lenders Act. The objections were overruled by the executing Court. Against this order, the judgment-debtors filed Misc. Appeal No. 31 of 1943 in the High Court. While the appeal was pending in the High Court, the properties were sold in execution on 14-5-1943, for a sum of Rs. 1,383/-. On 15-12-1944, the miscellaneous appeal was taken up for hearing in the High C









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