AHMAD, MISRA
Ishwar Mahto – Appellant
Versus
Naipal Singh – Respondent
Ahmad, J.
1. These two miscellaneous appeals are by the two judgment-debtors of Execution Case No. 15 of 1955 and are directed against the common order, dated 10-10-1955 passed therein dismissing their objections to the effect that the decree under execution was void and without jurisdiction.
2. The suit (Title Suit No. 17/11 of 1946/ 1944) giving rise to the decree was instituted by the decree-holders on 26-2-1944, in the Court of the Subordinate Judge at Arrah and was one for possession and mesne profits in respect of some lands in village Sunder situate in the sub-division of Sasaram in Shahabad district. The pre liminary decree in the suit for mesne profits was passed on 31-8-1946. For the moment the suit rested there. In the meantime on 6-1-1948, the State Government in the exercise of their powers given to them under Sections 13(1) and 14(1), Bengal, Agra and Assam Civil Courts Act, 1887, issued a Notification (No. 39-IIC-5/47J) whereby they declared that a Subordinate Judges Court shall be established at Sasaram in the district of Shahabad with effect from 19-1-1948. It read as follows :
"No. 39-IIIC-5/47J, In exercise of the powers conferred by Sub-section (1) of Se
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