MAZHAR HUSAIN Vs. SAHU JAGDESHWAR NATH

JUDGEMENT

(1.) This is an application under Article 133 (1) (a) and (c) of the Constitution for a certificate either that the case fulfils the requirements of Article 133 (1) (a) of the Constitution or in the alternative that the case is fit one for appeal to be Supreme Court.

(2.) The proceedings out of which this application has arisen had a very chequered career. Only the very relevant facts may be briefly stated. The applicants were judgment-debtors in a decree passed under Order 34. Rule 5. C. P. C. dated the 23rd of October, 1935 for more than rupees twenty seven thousand. On the 6th of November, 1941, the decree was put in execution. The judgment-debtors applied for amendment of the decree under the U. P. Debt Redemption Act. On the 26th of January, 1942, further proceedings in execution were stayed till the disposal of that application. The judgment-debtors contended that the decree had been fully satisfied. The decree-holders filed their objection to the application. Some orders were passed against the decree-holders which were not complied with and on the 28th of April, 1943, the objection filed by the decree-holders was struck off. On the 2nd of June, 1943, the application filed by the judgment-debtors was allowed ex parte and it was held that the decree-had been satisfied. On the same date although it was not a date fixed for the hearing of the execution application itself, the Court passed the following order ex parte:

(3.) Learned counsel for the applicants has contended that this application is maintainable under Article 133(1)(a) of the Constitution as the valuation is over rupees twenty thousand and the order of the trial Court had been reversed by the High Court.