M.AYYAR, WEIR
Lingayya – Appellant
Versus
Narasimha – Respondent
1. A preliminary objection is taken that no second appeal and no appeal lies.
2. The order, which it is sought to appeal against, was made under Section 258, Civil Procedure Code, and no appeal is allowed against such orders under Section 588, Civil Procedure Code, unless therefore the order is a decree within the meaning of the definition in Section 2 of the Civil Procedure Code, an appeal will not lie. The definition in Section 2 includes orders made under Section 244, Civil Procedure Code, but these orders must be orders, it is said, made in execution of a decree, that is to say, after application has been made to a Court in the execution department to enforce a decree.
3. Here it is admitted no application had been made for execution to the Court, the decree having been passed on the 8th November and the application of the defendants, out of which the present proceedings have arisen, having been made on the 30th November following. We are not prepared to hold that the objection is a good one. The language of Section 244, clause (c), viz., any other question relating to the satisfaction of a decree, appears to us to be probably wide enough to embrace such a proceeding as t
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