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1978 Supreme(Guj) 175

S.B.MAJMUDAR
MOHANLAL MANEKLAL SHAH – Appellant
Versus
BAI MANIBEN W/o. GORDHANDAS KEVALDAS – Respondent


Advocates Appeared: S.K.GHADIA, V.J.DESAI

S. B. MAJMUDAR, J.

( 1 ) ). This second appeal is filed by the original judgment debtor being defendant in regular Civil Suit No. 12 of 1969 wherein tie respondent-decree-holder had obtained decree for Rs. 6182 56-P. For execution of the said decree Regular Darkhast No. 60 of 197 was field by the respondent in the Court of the Civil Judge J. D. Godhra. The said Darkhast came to be dismissed by the executing Court on 16-12-76. Against that order the respondent-decree-holder filed appeal No. 21 of 1977 in the District Court at Godhra on 7-3-1977. The said appeal was registered on the same day and it came to be allowed on 25-1-78 by the learned District Judge Panchmahals at Godhra. The learned District Judge has set aside the order of the executing Court and remanded the Darkhast for further proceeding to the executing Court. It is this order which has been challenged by the judgment-debtor in this second appeal. This appeal was filed after the Code of Civil Procedure stood amended and in view of the Code of Civil Procedure amendment Act 1976 every substantial question of law was required to be framed and certified by the learned admitting Judge and accordingly two substantial question




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