THOTADA SANNA THIPPIAH Vs. K SPALAIAH

JUDGEMENT

(1.) The only question for consideration is whether the order passed in Ex. 405/54 in the Court of the Munsif at Chitaldurg is a 'decree' as denned in Section 2(a) of the Code of Civil Procedure and consequently executable.

(2.) In Ex. No. 405/54, the appellant's properties were sold. He applied to the Court under Rule 90 of Order 21 Civil Procedure Code to set aside the sale. The sale was set aside but the judgment-debtor was directed to pay solatium to the auction-purchaser at the rate of 5% on the amount of the purchase price. The judgment-debtor unsuccessfully went up in appeal against that order. That order is being executed now. The question is whether that order is a 'decree' and as such executable.

(3.) 'Decree' is defined under Section 2(2) of the Civil Procedure Code thus:-