LAL BAHADUR SINGH Vs. BISHWANATH PRASAD SINGH

JUDGEMENT

(1.) These three miscellaneous second appeals are by the judgment-debtor, and arise out of orders rejecting applications under Section 13, Money-lenders Act, in three analogous execution cases relating to decrees on three promissory notes.

(2.) Three decrees for money were executed in the Court of the Munsif of Hajipur. On the date fixed for sale the judgment-debtor, who was the same in each case, filed an objection that the sales could not take place as the valuation of the properties had not been made under Section 13, Bihar Money-lenders Act, and asked the Court to fix the valuation.

(3.) The learned Munsif merely observed: "Decree being on hand note it is agreed that according to the recent ruling of our own High Court valuation under the Money-lenders Act cannot be fixed," and he then threw out the application summarily.