MOHAMMAD ALI KHAN Vs. MUMTAZ JAHAN BEGAM

JUDGEMENT

(1.) This is a judgment-debtor's appeal arising out of execution proceedings.

(2.) Smt. Mumtaz Jahan Begam obtained a decree for her dower debt against Mohd. Ali Khan on March 2, 1950. The decree! was sought to be executed by the arrest and detention of the judgment-debtor.

(3.) It appears that proceedings were initiated under Order 21, Rule 40, C. P. C., and after the Court had recorded the evidence of the decree-holder in support of his application for execution, it called upon the judgment-debtor to produce evidence in rebuttal. The judgment-debtor prayed that another date be fixed for this purpose and the executing Court treating this as an application for adjournment, adjourned the case on condition of payment of costs by the judgment-debtor. The judgment-debtor, however, did not pay the costs, and instead contended that he was entitled as of right to another date and could not be precluded from leading evidence on the adjourned date without payment of costs.