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1980 Supreme(MP) 22

G.P.SINGH, FAIZAN UDDIN
SHESH KUMAR PRADHAN SHESHDEO – Appellant
Versus
KESHBO, NARAYAN AGHARIYA – Respondent


Advocates Appeared:
B.K.PANDEY, P.P.Naolekar, S.C.Pandey

G. P. SINGH, J.

( 1 ) THE facts giving rise to this revision are that the applicant obtained a money decree in Civil Suit No. 55-B of 1968 against the non-applicants Nos. 6 and 7 and, in execution of the said decree, purchased in the auction sale Survey Nos. 577 and 145. The non-applicants Nos. 1 to 5 made an application under Order 21, Rule 100, Civil P. C. , that they were prior purchasers of the said lands for consideration and that they were entitled to be placed in possession. The application was dismissed by the Executing Court on 25th Jan. 1977 before the commencement of the Civil P. C. (Amendment) Act, 1976 which came into force on 1st Feb. 1977. The non-applicants Nos. 1 to 5 then brought a suit under order 21, Rule 103 of the Code as it stood before the amendment for establishing their right to possession. This suit was filed on 10th March 1977. The applicant raised an objection to the maintainability of the suit in the light of the amendments introduced in the Code by the amending Act 1976. The objection was tried as a preliminary issue and was decided against the applicant on 17th Nov. 1978 by the Civil Judge, Class II, Sarangarh. It is against this order that this revi













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