JANKI PRASAD Vs. KAILASH

JUDGEMENT

(1.) THIS is an application for leave to appeal to the Supreme Court against the judgment of this court, dated 12-8-1955.

(2.) IT appears that in execution of a money decree for Rs. 9,716/11/- a house known as "maiku lal Bhawan" was attached and sold at auction. The house was purchased by Janki Prasad, applicant 1, in execution of the decree which stood in favour of Sm. Tara Devi who is dead and is now represented by applicants 2 and 3. An objection was raised by Ham Narain, father of opposite party 1, and by opposite party 2 who had purchased the property from the judgment-debtor Ram Narain before the auction sale. The learned Civil Judge dismissed the objection and upheld the auction sale. The opposite party then instituted an appeal against the order of the Civil Judge and this Court set aside the order passed by the lower Court and also the auction sale made in favour of applicant 1. The applicants now wish to go in appeal to the Supreme Court and it is contended that they have a right of appeal under the law inasmuch as the property which was the subject-matter of the proceedings under Order 21, Rule 90, Civil P. C. in the execution Court as also in the appeal sought to be instituted was valued at Rs. 50,000 / -.

(3.) THE application has been opposed on the ground that the suit which has given rise to the execution proceedings was valued at less than Rs. 10,000/- and as such the applicants have no right of appeal to the Supreme Court. Article 133 (1) (a) of the Constitution is as follows :