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1954 Supreme(All) 163

MALIK, AGARWALA, V. BHARGAVA
Aziz Jahan Begam – Appellant
Versus
Sardar Singh and Sabir Husain – Respondent


Advocates:
Gopalbehari, for Appellant; S.B.L. Gaur, for Respondents.

Judgement

MALIK, CJ.:-

This is a second appeal filed on behalf of the defendant. The plaintiff-respondent had obtained a money decree against one Sabir Husain. After the passing of the decree, and probably after the application for execution had been filed, on 23-3-1932, Sabir Husain transferred the property now in dispute in the name of his wife, the appellant, for payment of her dower debt. On 8-3-1932, the property was attached by the decree-holder. On 9-4-1932, the appellant filed an objection, under O.21, R.58, Civil P.C. She claimed that her husband had sold the property to her in lieu of her dower debt, that she was the owner in possession of the property and that her husband had no interest in the property which could be attached or sold in execution of the money-decree. This objection was, however, rejected on 12-4-1932, and the learned Munsif passed the following order :

"This is an objection by Mst. Aziz Jahan Begum under O.21, R.58, Civil P.C. The attachment was made on 8-3-1932. The present objection was lodged on 9-4-1932. It has been unnecessarily and designedly delayed. It is summarily rejected."

After the rejection of the objection under O.21, R.58 the decree-holder p








































































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