SHYAM SUNDER Vs. FIRM NARAIN DAS BAL KRISHNA DAS
LAWS(ALL)-2001-3-45
HIGH COURT OF ALLAHABAD
Decided on March 16,2001

SHYAM SUNDER Appellant
VERSUS
NARAIN DAS, BAL KRISHNA DAS Respondents

JUDGEMENT

B.K.Rathi, J. - (1.) Both these appeals are connected arising out of the common judgment and therefore they are being disposed of by this judgment.
(2.) The facts giving rise to these appeals are as follows : "The Suit No. 327 of 1956 was filed by the M/s. Narain Das Bal Krishna Das against the firm Raja Ram Chhanno Lal and its partners Uma Shankar Prasad and Jagar Nath Prasad for recovery of Rs. 1.530. The suit was decreed ex-parte on 8.5.1957. The decree was transferred for execution of Munsif Havall. Varanasi where on 14.10.1957 Execution Case No. 192 of 1957 was registered. The disputed land was attached on 13.11.1957. The plots were put to auction sale on 20.3.1958 and were purchased by decree holder-plaintiff himself."
(3.) Thereafter on 17.4.1958, Uma Shankar partner of the firm filed objections under Order XXI, Rule 90. C.P.C. which were rejected in default on 26.7.1958. The judgment debtor again filed objections under Order XXI, Rule 90, C.P.C. on 30.8.1958 which were rejected on 30.8.1958 on the ground that identical objections have already been rejected. Thereafter, the sale was confirmed and the decree holder/purchaser obtained possession on 16.5.1959.;


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