MONMOHINI DASI, WIDOW OF GOLAP CHAND SAHA Vs. LAKHINARAIN CHANDRA
MONMOHINI DASI, WIDOW OF GOLAP CHAND SAHA
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(1.) This is an appeal against an order of the District Judge of Burdwan, dated the 21 of November 1899.
(2.) The order is one setting aside a sale held in execution of a decree for arrears for a sum of Rs. 15.
(3.) A preliminary objection has been taken to the hearing of this appeal, namely, that the order passed by the District Judge setting aside the sale was passed under Section 588, Clause (16), of the Civil P. C., and that, therefore, no second appeal lies to this Court. But the learned pleader for the appellant replies that in this case the sale was set aside on the ground of fraud, and that therefore the order of the District Judge was not passed under Section 588, Clause (16), Civil P. C., but under Section 244, Code of Civil Procedure; and that therefore a second appeal does lie to this Court. We think that this contention of the pleader for the appellant is correct, as, on examining the application for the setting aside of the sale, we see that a complaint of fraud was made in it.;
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