S M JAMES Vs. ABDUL KHAIR

JUDGEMENT

(1.) This rule, obtained by the judgment-debtors, raises a question of first impression. It involves the interpretation of Rule 10, Section III, Chap. I, Part IV, at page 106, of the General Rules and Circular Orders of the High Court of Judicature at Patna, (Civil), 1954, Volume I, hereinafter referred to as the 'G. R. and C. O.'

(2.) The facts are these: The decree-holder opposite party obtained a decree for removal of certain encroachments against the petitioners. This decree was put into execution on the 28th November, 1957. A pleader commissioner was appointed, as prayed for, on behalf of the decree-holder, to remove the encroachments and to carry out the other directions in the decree under execution.

(3.) On the 8th May, 1958, the petitioners filed an application, under Section 47 of the Civil Proce dure Code, hereinafter referred to as 'the Code', which was registered as Miscellaneous Case No. 269 of 1958.