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1929 Supreme(Mad) 184

P.DALAL
(Badam) Seshiayya – Appellant
Versus
(Grandhi) Sattiraju – Respondent


JUDGMENT

Pan Dalal, J.

1. This is a second appeal by the judgment-debtor whose application E.A. 72 of 1925 dated 15th January 1925 praying that the decree-holders execution application E.P. 543 of 1923 dated 7th December 1923 in execution of the decree in O.S. No. 676 of 1922 should be dismissed was itself dismissed by both the lower Courts. A preliminary objection to the second appeal was taken that no second appeal lies under Section 102, Civil P. C, as the decree in O.S. No. 676 of 1922 was of a small cause nature and the value of the subject-matter was less than Rs. 500. The appellants advocate does not contest this objection which must prevail.

2. As he has also filed a revision petition against the order of the lower Courts I proceed to dispose of it. In substance the petitioners (judgment-debtors) objection in the lower Courts was that the decree-holder was proceeding to get his property brought to sale in the absence of a subsisting attachment and that this irregularity-should be stopped. The District Munsif did not enter into the merits of the objection but held that the form of the petitioners-application (E.A. 72 of 1925) which in terms asked that another application E.P. 5












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