High CourtsDivision Bench(1886) 05 CAL CK 0006

Jodoonath Mundul vs Brojo Mohun Ghose and Raj Narain Ghose

Calcutta High Court · Decided on 20 May 1886 · Citation: (1886) ILR (Cal) 174

HON’BLE JUDGES
Prinsep, J · Beverley, J

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Judgment

2 paragraphs · 103 words

Prinsep, J.—This is an appeal against an order passed by the Munsif refusing to give the decree-holder permission to purchase at a sale held in execution of a decree.

2.

In our opinion no appeal lies against such an order. The appellant''s pleader contends that an appeal lies u/s 588, Clause 16, but that clause seems to us to allow an appeal only against an order u/s 294 confirming or setting aside or refusing to set aside a sale of Immovable property, and not against an order refusing to give a decree-holder permission to bid. The appeal must therefore be dismissed with costs.