DHARM NATH PRASAD Vs. HARI DUSADH

JUDGEMENT

(1.) This is an appeal arising out of a proceeding under Section 47 of Civil P. C. (hereinafter to be referred to as the Code).

(2.) The relevant facts are these: Hari Dusadh (respondent) obtained a money decree against Abdul Gafoor. He filed execution case No. 64 of 1949 for executing the decree. During the pendency of the execution proceeding one Abdul Haque filed an application under Order 21, Rule 58 of the Code. The claim of Abdul Haque was rejected by the executing court. Respondent Hari Dusadh purchased plot No. 322, khata No. 68, of village Mahadeva, having an area of 11 katha in an auction sale in the execution case.

(3.) Being dissatisfied with the order passed under Order 21, Rule 58 of the Code, Abdul Haque filed a suit under Order 21, Rule 63 of the Code which was decreed on 27th July, 1952. The parties went in appeal to the High Court and ultimately respondent lost in the High Court.