Bal Kishen vs Haji Mohammad Hafiz - 1937 Supreme(Oudh) 95

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(Oudh) 95

Bal Kishen – Appellant
Versus
Haji Mohammad Hafiz – Respondent

JUDGMENT

1. This is an application for revision of an order of the learned Munsif, North Luoknow, dated 4th March 1935, rejecting the applicant's application under Order 21, Rule 100, Civil P.C., as not maintainable. The facts are that one Jagat Narain brought a suit on a mortgage against a certain Gaya Din. The mortgaged property consisted of a house. To this suit Jagat Narain impleaded the present applicant Bal Kishen also, but he was subsequently discharged. A decree for sale of the house was passed against Gaya Din and it was made absolute on 23rd September 1933. The house was sold in execution of the decree and purchased by the opposite party Mohammad Hafiz. The purchaser obtained delivery of possession through Court and thereupon the application under Order 21, Rule 100, Civil P.C., was brought by the present applicant. It appears that subsequently to the passing of the final decree in Jagat Narain's suit, but before the sale of the house in execution of that decree, the present applicant filed a declaratory suit in respect of the house, but it was dismissed. The present applicant filed an appeal against the dismissal of his suit on 11th January 1935.

2. When the application u

Click Here to Read the rest of this document