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1929 Supreme(Cal) 71

BOSE, B. B. GHOSE
Sm. Rani Basanta Kumari Dasi – Appellant
Versus
Tulsi Charan Ghosh – Respondent


JUDGMENT

B.B. Ghose, J. - This is an appeal by the decree-holder against an order of the learned Additional District Judge of Howrah reversing an order of the Subordinate Judge rejecting an objection of the judgment-debtors to the execution of a decree by sale of certain properties, ordered by the Subordinate Judge,

2. The facts have been clearly stated by the learned Additional District Judge, in his judgment. A decree was passed on, 29th June 1911. An application for execution was filed on 31st July 1922 and some properties were attached. Some items of the properties attached were sold on 17th March 1927 and only Rs. 100 out of the decretal amount of over Rs. 4,000 was realized. On 22nd April 1927 the decree-holder applied for an amendment of his application for execution by putting in a large number of properties against which he intended to proceed in execution. This application, was allowed ex parte. It does not appear whether notice of this application was at all served upon the judgment-debtor or not. An order for attachment was made under Order 21, Rule 54, Civil P.C. of these properties which were included in the petition by reason of the amendment, and the properties were a

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