DEVI SINGH Vs. TARA CHAND

JUDGEMENT

(1.) This appeal by the judgment-debtor is directed against an appellate order of the learned District Judge Mandi and Chamba Districts whereby an appeal preferred by the appellant against an order of the learned Senior Sub-Judge dismissing an objection under Sections 47 and 151 of C. P. C., was dismissed on the ground that no appeal lay. The respondent -- a stranger to the decree --had purchased at auction certain property and an application was made by him for delivery of possession of the said property. That application was resisted by the judgment-debtor appellant on a variety of grounds which did not find favour with the learned Senior Sub-Judge, and as already observed an appeal filed by the appellant before the learned District Judge was dismissed on the ground that the objections raised did not relate to execution, discharge or satisfaction of the decree and as such Section 47 of C. P. C. did not apply and no appeal lay.

(2.) A preliminary objection has been raised on behalf of the respondent that the appeal is not maintainable. The same considerations apply to the preliminary objection as to the main question arising in the appeal, namely as to whether an appeal lay against the order of the executing Court directing the respondent auction purchaser to be put in possession of the property on the finding that the obstruction by the appellant to the delivery of possession proceeding was without any just cause.

(3.) An order made under Order 21, Rule 98 of C. P. C. is not appealable under Section 104 of C P. C. or under Order 43 Rule 1 of that Code. An appeal against such an order can lie, if the resistance offered by the judgment-debtor to the delivery of possession proceedings in pursuance of the sale certificate can be held to be covered by Section 47 of C. P. C.