Judgement

This appeal was brought from a Decree of a Division Bench of the High Court, which reversed the Decree of the Principal Sudder Ameen of Dinagepore, and dismissed the suit which had been [@ page M.I.A. 530] instituted by Mooktakashee Dabee, the then Manager of the estate of Sreenath Sannyal, a Lunatic, now represented by the Appellant as Manager.

Mooktakashee Dabee, the Wife of the Lunatic, and the Respondents were Purchasers at sales in execution of their respective Decrees of the right, title, and interest of the Respondent, Jodoonath Sannyal, in the lands situate in Zillah Dinagepore, which were the subject of the suit. The purchase of Mooktakashee Dabee by priority of date was not disputed, and the question which arose in the suit was, whether that purchase was a nullity under the provisions of the Civil Procedure Code Act, No. VIII of 1859, sects. 235, 240, 256, 284, 285, 286, 287, & 288 (These sections are referred do in their Lordships judgment, post, pp. 533-40.). The principal Sudder Ameen (Mr. S. Wright) held that the sale was valid. On appeal to the High Court, a Division Bench composed of the Justices Kemp and Jackson at the first hearing held such sale to be a