Selection of Leading Cases for the use of B.L. Students - Civil Procedure Code (Supplementary Cases)

As a matter of fact the body of the mukhtianama did not contain the name of this mukhtiar and the case of the appellant throughout has been that the name was omited by the mistake of the writer who drew up the power-oattorney. [...] The nephews of the original judgment-debtor took no notice of the proceedings but on the the 19th August 1909 two of the uncles filed a petition of objection in which they urged amongst other thing's that the properties sought to be attached had not been dedicated to the goddesses named but were private secular properties of the objectors though under a deed dated the 29th June 1 8 77 a pa [...] confirmed the order of the original Court._ The objectors have appealed to this Court and - have contended first that the appeal to the Subordinate Judge was competent and secondly that he has misunderstood the legal effect of the deed of the 29th June 1877. [...] It cannot be disputed that the order of the original Court decided a question relating to the execution of the decree held by the respondent namely whether the decree could he executed by attachment and sale of the property specified in the application of the decree-holder. [...] In the present ease the decree-holder seeks to proceed against the property on the assumption that the appellants hold it as part of the endoment of the two idols named.