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1960 Supreme(All) 7

S.S.DHAVAN
PANNA LAL – Appellant
Versus
SM. SARASWATI DEVI – Respondent


Advocates Appeared:
H.N.SETH, K.B.ASTHANA

DHAVAN, J.

( 1 ) THIS a judgment-debtors appeal against an order of the learned Additional District Judge, kanpur rejecting his objections against execution and directing the execution court to proceed with the execution. As observed by the appellate court the amount involved is Rs. 100/- only but the judgment-debtor has thought fit to resist the execution to the extent of coming to this court in second appeal.

( 2 ) THE decree-holder obtained a decree for possession and damages. Possession was delivered and the decree was satisfied to that extent. As regards the decree for damage she made several applications for execution which however were dismissed for default. On 4-1-1951 the judgment-debtor claiming to have satisfied the decree for damages outside the court, made an application under Order 21 Rule 2 C. P. C. The decree-holder opposed this application and prayed for its dismissal with costs. The application was ultimately dismissed, but the judgment-debtor filed an appeal which was not decided till 1956 when it was rejected.

( 3 ) ON 14-2-1956 the decree-holder filed her final application for execution which has led up to the present appeal. The judgment-debtor objected that i







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