SHEIKH GOLAM YABEYA Vs. MUSSAMUT SHAMA SUNDARI KUARI

JUDGEMENT

(1.) The plaintiff in this case is a decree-holder, who had attached a certain property belonging to the judgment-debtor, called Rasulpore. By petition, dated the 3rd Judo 1868, he applied to the Court for an order for the sale of the property by auction, under section 249 of Act VIII of 1859. The Munsiff refused the application on the ground that "the execution case had been struck off on the 26th September 1866;" that the attachment being prior to that date had ceased to have any effect; and that an order for a sale by auction could not be made except on a fresh attachment. The Munsiff, accordingly, rejected the petition, and directed the petitioner to take out a fresh attachment.

(2.) The judgment-creditor appealed to the Judge, who held that the decree under which the decree-holder was proceeding was invalid, and therefore dismissed the appeal. From these decisions the decree-holder appeals to this Court.

(3.) The facts of the case are briefly as follows: