ARASAYEE AMMAL Vs. SOKKALINGA MUDALI

JUDGEMENT

(1.) THE preliminary objection that no appeal lay from the District Munsifs order must be upheld (and hence also no second appeal lies to this Court), as a person who purchases property which is not directly mentioned in and affected by the decree is not the legal representative of the judgment-debtor and his claim petition cannot be treated as a petition under Section 47 of the Civil Procedure Code. THE case of Akhoy Kumar Soor v. Bejoy Chand Mohatap 29 C. 813 referred to by the Subordinate Judge and the case of Ishan Chunder Sirkar v. Beni Madhub Sirkar 24 C. 62 : 1 C.W.N. 36 followed in the case of Ahhoy Koomar Soor v. Bejoy Chand Mohatap 29 C. 813 were cases whore the decrees directly affected the property sold, as they were mortgage-decrees for sale of those properties.

(2.) THE appeal is dismissed with costs.