AMRITLAL Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS second appeal arises in the following circumstances: -

(2.) KANHAIYALAL and others filed an execution application in the court of Munsif at Bundi and an objection was taken by the judgment-debtors. On the 3rd of August, 1950, which was the date fixed by the court for the hearing of the objection, the judgment-debtor did not appear. The court therefore dismissed his objection petition for default of his appearance. At the same time the court dismissed the execution petition also. An appeal was filed by the decree-holder against the order of the first court dismissing the execution petition and the lower appellate court allowed the appeal and directed the first court to proceed with the execution case. Cross-objections were filed by the judgment-debtor in the lower appellate court but they were dismissed. The judgment-debtor has now come to this court in second appeal.