KHUSHALCHAND PREMRAJ MARWADI Vs. NANDRAM SAHEBRAM MARWADI

JUDGEMENT

(1.) The question of law arising on this second appeal depends on a few facts, which are not in dispute and may be shortly stated, so far as material.

(2.) The plaintiff, who is respondent, having, in darkhast No. 1280 of 1900 in suit No. 614 of 1900, attached the property in dispute in execution of his money decree against his judgment-debtor, Bapu Sakharam, the Court ordered the property to be sold, and under Section 320 of the Code of Civil Procedure (Act XIV of 1882), then in force, transferred the execution to the Collector.

(3.) While the Collector was in management accordingly, the plaintiff, on the 21st of May 1904, informed the Mamlatdar, who was carrying on the execution work on behalf of the Collector, that, as his judgment-debtor had satisfied the decree, the necessity for sale had disappeared, and that the darkhast "should be disposed of."the Mamlatdar submitted the record and proceedings of the darkhast to the Collector on the same day with the following endorsement: "As the darkhast has been disposed of, the papers are sent that they may go to the Court." On the 8th of June, the Collector forwarded the papers accordingly to the Court, and the latter received them on the 16th of June.