RAJ MOHAN PAL Vs. GOBINDA CHANDRA PAL

JUDGEMENT

(1.) This is an appeal against an appellate order confirming an order of refusal to set aside a sale in execution on the ground of material irregularity and fraud.

(2.) It is objected in limine that such an appeal is incompetent now, and we think that the objection must prevail.

(3.) It cannot be, nor is it contended, that under the Code of 1808, which came into force on the 1st January 1909, a second appeal lies in a case of this kind. It was otherwise, no doubt, when sales were attacked on the ground of fraud under the Code of 1882; but Order XXI, Rule 90 of the present Code has placed fraud and material irregularity on the same footing in this connection, and a reference to Order XXI, Rule 92, Order XLIII, Rule 1 (j), and Section 104(2) places it beyond controversy that one appeal and one only, is now given.