BANK OF BIHAR LIMITED Vs. SARANGDHAR SINGH

JUDGEMENT

(1.) THIS is an appeal from the judgment and order of the High Court of Judicature at Patna dated April 20, 1942, which set aside an order passed by the Subordinate Judge, First Court, Patna, dated November 29, 1941, dismissing a petition of the respondents under Section 47 of the Code of Civil Procedure.

(2.) THE appeal arises in an execution proceeding of the money decree passed by the Subordinate Judge, First Court, Patna, in money suit No.5 of 1939, dated August 22, 1940.

(3.) IN the execution of the decree which was for Rs. 15,718-7-0 with interest and costs, one-third share in certain joint family property called the Khadga Vilas Press held to belong to the third defendant was brought to sale.