AI Structured Summary
Not yet generated for this judgment
Judgment
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 u/s 47 of the Civil Procedure Code. The case of Akhoy Kumar Soor v.
Bejoy Chand Mohatap 29 C.k 813 referred to by the Subordinate Judge and the case of Ishan Chunder Sirkar v. Beni Madhub Sirkar 1 C.W.N.
36 followed in the case of Ahhoy Koomar Soor v. Bejoy Chand Mohatap 29 C. S813 were cases whore the decrees directly affected the
property sold, as they were mortgage-decrees for sale of those properties.
The appeal is dismissed with costs.