DEBENDRA NARAIN SINGH Vs. NARENDRA NARAIN SINGH

JUDGEMENT

(1.) This is an appeal against the order of the Subordinate Judge of Nadia dismissing for default, an application under Order 21, Rule 90, Civil Procedure Code for setting aside an execution sale.

(2.) A preliminary objection has been taken on behalf of the respondent that no appeal lies. In support of this contention reference has boon made to Section 141, Civil Procedure Code which lays down that " the procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of Civil Jurisdiction." It is argued that this section applies, that the application must be taken to have been under Order 9 and that being so, no appeal lies.

(3.) We do not think that there is any substance in this contention. The application purported to be made under Order 21, Rule 90, and in our opinion the appeal is competent. This view moreover is supported by Kali Kanta Chukerbutty V/s. Shyam Lal Basu (1917) 25 C.L.J. 163.