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Judgment
Ghose and Pratt, JJ.—The application which the judgment-debtor made to the Munsif, upon which his order of the 14th April 1902 was made, related to a matter contemplated by Section 287, Clause (e), Code of Civil Procedure, namely, the value of the property to be specified in the sale proclamation, the judgment-debtor asserting that the amount as mentioned in that paper was grossly inadequate. The Munsif did not go into any evidence on this matter upon the ground that, in his view, the sale might be hereafter set aside if the property be sold at an inadequate price, the result being that the sale proclamation, as it was originally issued, was maintained.
Against this order of the Munsif, the judgment-debtor appealed to the higher Court; and the Subordinate Judge has dismissed the appeal upon the simple ground that no appeal lay against the order of the Munsif.
We think that in this respect the Court below was in error, because the order made by the Munsif was an order between the parties as falling u/s 244, Code of Civil Procedure; and if so, it is obvious that an appeal did lie to the higher Court. We accordingly set aside the order of the Subordinate Judge and send back the record to him for retrial of the appeal preferred to him. The costs will abide the result.