KISHORI LAL Vs. KUBER SINGH

JUDGEMENT

(1.) The facts of this case are these:-- The unit is one for the recovery of property which was bought by the plaintiffs at a sale in execution of a decree on the 20 of September, 1901. This sale was set aside by the Munsif on the 26 of September, 1901. On appeal the order of the Munsif setting aside the sale was reversed by the lower appellate Court on the 16 of January, 1902, and this order was upheld by the High Court on the 4 of December, 1902. Then the judgment-debtor on the 23 of December, 1902, applied to the Munsif under Section 310A of Act XIV of 1882 to have the sale set aside and his application was granted on the 28 of April, 1903, and the sale was set aside. An appeal was preferred and the order of the Munsif setting aside the sale was reversed on the 17 of July, 1903, but on second appeal to the High Court, it was held that no appeal lay to the lower appellate Court and the decision of that Court was reversed. The order of the Munsif of the 28 of April, 1903, accordingly stood affirmed.

(2.) The suit out of which this appeal has arisen was then preferred by the plaintiffs on the 6 of August, 1907. They claimed possession of the property which had been sold to them, alleging that the Munsif had no jurisdiction to set aside the sale to them by his order of the 28 of April, 1903.

(3.) The learned Judge of this Court, from whose decision this appeal has been preferred, agreeing with the lower Courts, dismissed the plaintiff's claim, holding that the Munsif had jurisdiction to pass the order of the 28 of April, 1903, and that the plaintiff's suit was barred by limitation, it not having been brought within one year from the date of that order.