- (1.) The plaintiff in this case is a decree-holder, who had attached a certain property belonging to the judgment-debtor, called Rasulpore. By petition, dated the 3rd Judo 1868, he applied to the Court for an order for the sale of the property by auction, under section 249 of Act VIII of 1859. The Munsiff refused the application on the ground that "the execution case had been struck off on the 26th September 1866;" that the attachment being prior to that date had ceased to have any effect; and that an order for a sale by auction could not be made except on a fresh attachment. The Munsiff, accordingly, rejected the petition, and directed the petitioner to take out a fresh attachment.
(2.) The judgment-creditor appealed to the Judge, who held that the decree under which the decree-holder was proceeding was invalid, and therefore dismissed the appeal. From these decisions the decree-holder appeals to this Court.
(3.) The facts of the case are briefly as follows: The plaintiff obtained an ex parte decree on the 22nd September 1864, for rupees 545. He applied for execution of his decree by the attachment of talook Rasulpore, and obtained an order for that purpose in December 1864. For the present, we must assume that the order for attachment was duly made known as required by section 239. Upon that order, under circumstances of which at present we know nothing, no further proceedings to bring the property to sale took place till the 12th of May 1866. On that day, the defendant presented a petition under section 119 alleging that he had not received any notice of the proceedings, and praying for an order to set aside the judgment against him. On the 21st June 1866, his petition was rejected by the Munsiff. From that decision, the defendant appealed to the Judge. On the 20th August 1866, the Judge reversed the Munsiff's order, and remanded the case for trial.;