BHARAT SINGH Vs. DIWAN CHAND

JUDGEMENT

(1.) THIS is an appeal against an order of the District Judge dismissing the appeal filed before him on the ground that the order appealed against was not appealable.

(2.) IN execution of a decree against the judgment -debtor certain property had been attached and ordered to be sold. A notice was issued under Order XXI, Rule 66(2) of the Code of Civil Procedure for the purpose of effecting proclamation, The judgment -debtor objected to the form of the proclamation on the ground that certain incumbrances had not been correctly stated. These objections were over ruled and the order of the Court below was -

(3.) AS the matter has come before me and as the order in question is not appealable, I consider that it is a fit case in which I should interfere under Section 115 of the Code of Civil Procedure. The executing Court should in the sale proclamation mention the incumbrances in the manner indicated by me above. I would, therefore, set aside the order of the executing Court and make a direction accordingly.