BALDEO PRASAD SHUKUL Vs. SUKHDEO PRASAD SHUKUL

JUDGEMENT

(1.) This is a decree-holder's first appeal from an order in execution proceedings.

(2.) The decree-holder (who was also the auction-purchaser) had secured an order setting aside a sale on the ground that the judgment-debtor had no saleable interest in the property. The judgment-debtor secured a reversal of that order, and the decree-holder comes in appeal. The history of the case is both intricate in its facts and further involves a number of questions of law. It is, therefore, essential to state the facts at some length in order to appreciate the situation which has arisen. There have been many other proceedings since the decree- holder obtained his decree, but after a protracted hearing there is no reason to suppose that any fact material to this appeal is not now before us as a result of the contentions of counsel amplified by a perusal by the Court of the proceedings on the record.

(3.) In 1915 the appellant, Baldeo Prasad Shukul, obtained a decree against Sukhdeo Prasad Shukul, the respondent, on the basis of a promissory-note.