KHAIRATI LAL Vs. KESHO SARAN

JUDGEMENT

(1.) A preliminary objection is raised to the entertainment of this appeal, based upon the provisions of Section 102 of the Civil P. C.; in other words, it is argued that the suit out of which the appeal has arisen was a suit of the nature cognizable by a Court of Small Causes, and as the subject-matter of the suit was under Rs. 500, therefore no second appeal lies.

(2.) The facts are as follows: The plaintiff in the suit was one Khairati Lal. This man had a decree against one Abdul Aziz which he was executing by sale of certain immovable property supposed to belong to Abdul Aziz.

(3.) At the time when these execution proceedings were pending, it seems that the other party to this suit, namely, Lala Kesho Satan, held two decrees against the same judgment-debtor Abdul Aziz. Kesho had applied in the execution proceedings taken by Khairati Lal, for rateable distribution of assets.