DHUBRI LOAN OFFICE LTD. Vs. MEHERJAN BIBI

JUDGEMENT

(1.) IN this application under Section 115, Code of Civil Procedure the Petitioner, who is a decree -holder, has moved against an order of Mr. B. C. Medhi Subordinate Judge, Lower Assam Districts dated' 21st February, 1955 by which he allowed the claim of the opposite party under Order 21 Rule 58 Code of Civil Procedure.

(2.) THE facts are that the Petitioner obtained a mortgage decree. But as the decree was not satisfied by sale of mortgaged properties, he eventually got a personal decree against the judgment -debtor under Order 34 Rule 6 Code of Civil Procedure on 24th April, 1942. It is this decree which -he sought to execute in the execution case to which the proceedings relate.

(3.) THE learned Subordinate Judge also seems to have fallen into some error in that he vacated the attachment of two of the houses on the ground that the claim related to only one house whereas there was some kind of suspected manipulation in the attachment process in regard the other two houses. It may be observed that in the execution petition itself all the houses have been mentioned and in the other processes the attachment related to all the houses under execution.