GUNJARI MAHATANI Vs. NIL KAMAL PANDE

JUDGEMENT

(1.) This miscellaneous second appeal and civil revision are directed against an order of learned Munsif dated 2I June, 1939, passed in an execution case directing the immediate sale of certain property. The judgment-debtor-appellant appealed against that order to the Court of the learned Additional District Judge of Purulia, and that appeal was dismissed by an order of the learned Additional District Judge, dated 16 March 1940. Against that order of the learned Additional District Judge this second appeal from order has been preferred, and the application for revision is in the alternative, that is to say, it is an application directed against the order of the learned Munsif in the event of this Court holding that no appeal lies.

(2.) In my view it is unnecessary to consider whether an appeal lies or not in this case, because the facts of the case make it necessary that this Court should interfere. If no appeal lies, then we would be bound to interfere in our revisional jurisdiction, and that being so, it is unnecessary definitely to decide whether an appeal or revision lies in this case.

(3.) The decree-holder-respondent put into execution a decree for Rs. 1071-0-3 and attached eleven lots of the appellant's property. The execution case was a protracted one, and the sale proclamation of all the eleven lots was published on 15 May 193& Thereafter the judgment.debtor applied and obtained two adjournments postponing the sale on payment of small sums on each occasion towards the decretal dues. The judgment-debtor in obtaining these adjournments waived the necessity of the issue of a fresh sale proclamation.