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1967 Supreme(Pat) 38

S.N.P.SINGH, R.K.CHOUDHARY
Bijali Bala Das – Appellant
Versus
Charu Bala Ash – Respondent


Judgment

S.N.P.Singh, J.

1. These two appeals by the judgment-debtor arise out of Miscellaneous Cases Nos. 77 and 78 of 1960.

2. The material facts may briefly be stated as follows. Sometime in the year 1954 the respondent obtained two mortgage decrees against one Kalipada Das (since dead), the husband of the appellant. The decree-holder respondent put the decrees into execution by filing two execution cases, namely, execution cases Nos. 42 and 43 of 1958, against the appellant as well as the minor sons and daughter of Kalipada Das. The appellant filed objection petitions in both the cases and they were numbered Miscellaneous Cases 31 and 32 of 1958. The executing court rejected both the objection petitions by its order dated the 29th of November, 1958. Being aggrieved by the order of the executing court, the appellant preferred appeals (Miscellaneous Appeals Nos 1/4 and 2/5 of 1959), which were dismissed by the 1st Subordinate Judge, Dhanbad, on the 28th of July. 1959. The appellant then preferred Miscellaneous Second Appeals Nos 287 and 288 of 1959 in the High Court On the 30th of June, 1960, both the appeals were dismissed for non-compliance of certain orders passed by the Bench












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