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1939 Supreme(All) 99

GANGA NATH, THOM
Bhan Datta Upadhia – Appellant
Versus
Mt. Tulsa Kuer – Respondent


ORDER

Thom, C.J. and Ganga Nath, J. - This is an execution second appeal which raises an important point of law. A mortgage decree was passed on 5th January 1928. A final decree under Order 34, Rule 5, Civil P.C., was passed in favour of the mortgagees on 9th August 1928. The decree-holders applied for execution of their decree on 19th December 1930. An objection was preferred to the execution application by the judgment-debtors u/s 47, Civil P.C. This objection was dismissed on 15th August 1931. Thereafter the execution application was transferred to the Court of the Collector. On 6th November 1931, one Mt. Tulsa, one of the judgment-debtors, filed a regular suit in which she sought to recover a sum of Rs. 550 on the basis of a receipt, upon which the aforesaid objection to the execution of the mortgage decree u/s 47, Civil P.C., had been preferred. She obtained an order from the Court staying the execution of the mortgage decree pending the result of her suit. Under Order 21, Rule 29, Civil P.C., the Court stayed the execution of the decree "till the disposal of this suit." This order was communicated to the Collector to whose Court the execution proceedings had been transferred.

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