LINGAM KRISHNA BHUPATT DEVU GARU Vs. JOGANI VENKATASWAMY

JUDGEMENT

(1.) We do not think that an order under Order XXI, Rule 93, of the Code of Civil Procedure in favour of a third party purchaser is a question between the parties to the suit relating to the execution, discharge, or satisfaction of the decree, as that order by itself has no legal effect on the rights and liabilities as between the decree-holder and the judgment-debtor.

(2.) The preliminary objection that no appeal lies must, therefore, he upheld.

(3.) We are asked to treat the appeal as a revision petition under Section 115 of the Code of Civil Procedure, and we use our discretion under the circumstances in the appellant s favour in accordance with his request.