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Judgment
5 paragraphs · 109 words
1.
Though the order of the District Munsif was passed under the authority given to him by Section 337 (a), Civil Procedure Code, yet it was none
the less an order in a question arising between the parties to the suit and relating to the execution of the decree so as to fall within Section 244 (c),
Civil Procedure Code. Such order is a decree u/s 2 of the Code, and is therefore open to appeal.
2.
We must, therefore, set aside the order of the District Judge, and remand the appeal for disposal on the merits. Costs will abide and follow the
order of the lower Appellate Court.