(1.) THIS is a second appeal by judgment-debtor Bhoormal under sec. 100 read with sec. 47 C. P. C. against the judgment of the District Judge, Balotra dated 16. 11. 1957 maintaining the order of the Civil Judge, Jalore passed in execution proceedings.
(2.) THE facts necessary for the disposal of the appeal may be briefly stated as follows:
(3.) AS a result of the above discussions, I accept the appeal, set aside the judgments of the courts below and remand the case for inquiry and fresh decision in the light of the observations made in this judgment. The costs shall abide the result.