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1953 Supreme(Pat) 118

IMAM, NARAYAN
Basudevanand – Appellant
Versus
Raghubir Saran Rastogi – Respondent


Judgment

Imam, J.

1. This is an application for a certificate under Article 133 of the Constitution of India that the case fulfills the requirements of the said Article and is otherwise a fit case for appeal to the Supreme Court. It is unnecessary to state the facts which are to be found in the order of this Court. For the purpose of the present application, however, it is sufficient to state that in an execution proceeding in the court of the Subordinate Judge at Hazaribagh an objection was taken that the proceedings in execution could no longer proceed in view of the provisions of Sec. 4(d) of the Bihar Land Reforms Act. The Subordinate Judge found in favour of the objection and ordered the dropping of the execution proceedings. Against his order there was an appeal to this Court and it was held here that the provisions of Sec. 4 (d) of the Land Reforms Act did not stand in the way of the execution proceedings having regard to the facts and the circumstances appearing in the case. It was further held by this court that the objection that Section 4 (d) of the Land Reforms Act stood in the way of the continuance of the execution proceedings could not be raised on the ground of const













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