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1959 Supreme(All) 207

S.S.DHAVAN
BHAGWATI MAHRAJ – Appellant
Versus
SHAMBHU NATH – Respondent


Advocates Appeared:
Nafees Ahmad Kazmi, R.B.Pandey

S. S. DHAVAN, J.

( 1 ) THIS second appeal raises the question whether the agreement between the judgment-debtor and the decree-holder under which the decree-holder foregoes his right to execute the decree in consideration of the judgment-debtors foregoing his right to appeal against the decree is a matter for investigation by the execution court under Section 47 of the Code of Civil Procedure. The appellant is the judgment-debtor. When the decree-holder applied for execution of the decree he raised two objections. First, he Contended that the decree-holder was not entitled to execute the decree as he had agreed not to do so provided the judgment-debtor did not appeal against the degree. Secondly, he objected to the attachment and sale of certain items of his property for which he claimed exemption under the category of cooking vessels and weaving apparels. The first objection was rejected by the execution court on the ground that it was "absurd". The second objection was partly allowed and 28 items of articles were held not liable for attachment and sale. On appeal by the judgment-debtor the learned Additional Civil Judge, Sultanpur, confirmed the decision of the execution court on














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