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1927 Supreme(Oudh) 249

Shah Naim Ata – Appellant
Versus
Girdhari Lal – Respondent


JUDGMENT

1. Lala Girdhari Lal and others hold a simple money decree against Shah Nairn Ata. In execution of this decree they have sought to attach and bring to sale six villages: Baroulia, Palipur, Pipranagar Mohiuddinpur, Ataganj Ansari, Khwajapur and Madhopur-Sataiyan. The judgment-debtor preferred an objection the decision of which, according to his application, should be under the provisions of Section 47 of the Code of Civil Procedure to the effect that he is in possession of these villages not in his own right, but as manager of an endowment to which these villages pertain. When this objection was made the decree-holder took exception to it on the ground that it did not lie under the provisions of Section 47 but that it should have been made under the provisions of Order 21 Rule 58. The learned Subordinate Judge decided that the objection did not lie under Section 47 and that if it did lie under Order 21, Rule 58 he could not take cognizance of it as it purported to be an objection under Section 47. He dismissed the objection accordingly. The judgment-debtor appeals.

2. We agree with the learned Subordinate Judge that if the objection lay not under Section 47 but under Order 2

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