AMINUDDIN MULLICK Vs. ATORMONI DASI

JUDGEMENT

(1.) This appeal arises out of proceedings in execution of a mortgage decree.

(2.) The preliminary decree upon the mortgage was obtained in the Court of the 2nd Munsif of Howrah who had power to try suits up to the value of Rs. 2,000, the decree being nearly for that sum. Subsequently the Munsif having been transferred and his successor not having been vested with powers to try suits up to Rs. 2,000, the final decree in the case was made by the Subordinate Judge of Howrah. The plaintiff decree-holder, howevar, applied for execution of the decree before the 2nd Munsif who had, in the meantime, been empowered to try suits upto Rs. 2,000. The decree was executed in that Court, with the result that certain properties of the judgment debtor were sold and a portion of the decree was realised by the proceeds of the sale.

(3.) The judgment debtor then applied to have the sale set aside under the provisions of Order XXI, Rule 90. So far as the application was based on Order XXI, Rule 90, no evidence was add used by the judgment debtor in support of his application. The only question which was considered by the Courts below was whether the Munsif, 2nd Court, had jurisdiction to execute the decree and the question has been answered in the affirmative by both the Courts below. The judgment-debtor has appealed to this Court.