RAM KRISHNA MANDAL Vs. BAIKUNTHA LAL MANDAL

JUDGEMENT

(1.) In this application under section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') a question arises as to whether a person whose claim is negatived by the Court under Order 38, Rule 8 of the Code can maintain a revision application before this Court or his remedy lies by way of appeal.

(2.) The opposite party no. 1 filed a suit praying for a money decree against the opposite party no. 2 and got attachment of certain immoveable properties before judgment. The petitioner, not a party to the suit, preferred a claim under Order 38, Rule 8 of the Code. The parties led evidence. The court below rejected the petitioner's claim by an order impugned before us.

(3.) If sub-rule (4) of Order 21 Rule 58 of the Code be held to apply to the case, the petitioner should have filed an appeal before the District Judge; and this revision application must be dismissed as being not maintainable.