VIRJIBUN DASS MOOLJI Vs. BISSESSWAR LAL HARGOBIND

JUDGEMENT

(1.) This appeal raises an important question of the namely, who there Order XXI, Rule 89 of the Code of civil Procedure, 1908, applies to Bales in execution of mortgage-decrees on the Original Side of this Court.

(2.) Mr. Justice Greaves has stated in the order now under appeal that if the matter were res integra, he would be inclined to answer the question in the affirmative. But in view of the long established practice of the Court and the decision of Mr, Justice Woodroffe in Surendra Kristo Ran v. Gooroo Prasad Ghose 59 Ind. Cas. 432 : 24 C.W.N. 538, he felt constrained to answer the question in the negative, and to dismiss the application of the mortgagor.

(3.) The question raises two issues: First, Whether Order XXI, Rule 89 applies to sales held in execution of mortgage-decree and, secondly, if it does so apply, whether the rule is applicable on the Original Side of this Court.