NAZIR KHAN Vs. GANESH PIASAD

JUDGEMENT

(1.) THIS First Appeal from Order arises out of the following facts: The decree-holder appellant executed a decree and the respondents filed an objec tion under Section 47, C.P.C. His objection was dismissed by the executing Court. Being dissatisfied, the judgment-debtor filed an appeal. The lower appellate Court held that all the points raised in the objection under Section 47, C.P.C. were not decided by the executing Court and, therefore, allowing the appeal, remanded the case for rehearing. It is against this remand order that the decree-holder appellant has filed this First Appeal from Order.

(2.) A preliminary objection has been raised by the learned counsel for the res pondents that the order of remand was pass ed under Section 151, C.P.C. and, therefore, this order is not appealable under Order 43, Rule 1, clause (e). In support of this con tention, the following decisions have been cited: 1. Baisnab Padhan V. Parma Padhan, AIR 1964 Orissa 156. 2. Chandra Mohan Sahay v. Union of India, AIR 1953 Assam 193.

(3.) VAITHITINGAM Pillai v. Kandaswami Pillai, AIR 1931 Mad 1.