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1954 Supreme(Ori) 60

MOHAPATRA, MISRA
SIMHADRI SAHU – Appellant
Versus
BALAJI PADHI – Respondent


Advocates Appeared:
A.L.J.Rao, G.DHAL

MOHAPATRA, J.

( 1 ) THIS is a judgment-debtor's miscellaneous appeal against an order dated 27-91951 of Sri R. C. Misra, Agency Subordinate Judge of Jeypore, passed under section 47, Civil P. C. , in Exn. Case No. 14 of 1951. The aggregate amount of the decree in execution is Rs. 3254-2-11 and the suit costs amount to Rs. 419-4-0. Previous to this execution case the decree-holder had brought Execution Case No. 1z4/45 wherein some riaddy of the judgment-debtor was attached and the bailiff reported that -it was 14 garces 5 putties and 18 manas which was attached and kept in custody of decree-holder 1. The decree-holder filed an affidavit stating that it was only 1 garce 5 putties and 18 manas which was attached and not 14 garces and odd as the bailiff reported. Thereafter the Agency Subordinate Judge directed the Munsiff of Gunpur to make an inquiry and to report as to the actual measure of paddy attached. The Munsiff, however, reported supporting the contention of the decree-holder. The judgment-debtor on 24-4-47 filed an affidavit with a prayer for enquiring into the matter that in fact 14 garces 5 putties and 18 manas of paddy was attached by the bailiff. This affidavit of the ju












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