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1930 Supreme(All) 320

BENNET
S. Marahmat Husain – Appellant
Versus
Oudh Commercial Bank Ltd. – Respondent


JUDGMENT

Bennet, J. - This is an appeal by a judgment-debtor against an order in execution passed by the learned Subordinate Judge of Azamgarh. This order was passed in course of execution of a decree which had been passed by the learned Subordinate Judge of Fyzabad in Suit No. 5 of 1913. (The Oudh Commercial Bank against Mt. Saleha Bibi and her husband Syed Riasat Husain judgment-debtors.) The procedure of the Court of Azamgarh has given rise to several objections which have been dismissed by that Court and which have been the subject of various grounds of appeal. The first objection which is taken is that on 24th November 1921 a certificate which is not before us as it is not on the record is said to have been issued by the Court at Azamgarh to the Court at Fyzabad. This certificate was apparently in printed Form 5 of App. E or possibly Form 4. Both are forms under Order 21, Rule 6. According to the lower Court on this certificate the words were written in regard to this execution proceeding: Send to the Collector for execution." The argument of the learned Counsel for the appellant judgment-debtor is that this is a certificate of the result of the execution proceedings u/s 41, Ci

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