LAL NARAIN SINGH Vs. MAHOMED RAFIUDDIN
LAL NARAIN SINGH
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Rampini, J -
(1.) This is an appeal against a decision of the District Judge of Bhagalpur, dated the 22nd September, 1899.
(2.) The case in which the Subordinate Judge's decision was passed was an execution case. It appears that execution had been applied for by the decree-holder, but the judgment-debtor raised certain objections, one of which, we are told, was that the decree was barred by limitation. On the date fixed for the hearing of the judgment debtors objections, their pleader appeared and pleaded "want of instructions"; and the Subordinate Judge of Monghyr recorded the following order: The judgment-debtors Vakil pleads want of instructions. Their objections, which are not very plausible on their face, must be dismissed for default, etc.
(3.) Against this order an appeal was preferred to the District Judge, who, on the 22nd of September 1899, held that no appeal lay to him, as the case had been dismissed for default, and the order of the Subordinate Judge was an order and not a decree, and the proper course for the appellant before him was to apply for a rehearing under Section 108 of the Code of Civil Procedure or Section 103, or similar sections. He further relied upon the addition to Section 647 Civil Procedure Code, made by the amending Act VI of 1892 and upon the cases of Mansab Ali V/s. Nihal Chand (1893) I.L.R. 15 All. 359 Jagarnath Singh V/s. Budhan (1895) I.L.R. 23 Cal. 115 and Anwar Ali V/s. Jaffer Ali (1896) I.L.R. 23 Cal. 827.;
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