Kunju Meethian Kochu Mohammed vs Narayana Pillai Gopala Pillai

Subramania Iyer, J.—The judgment-debtor appeals against the order of the Court below settling the draft proclamation preceding sale in execution of a decree on foot of a deed of hypothecation. In the Court below objection was taken that part of the decree amount had been discharged. The plea could not be entertained or considered on account of the fact that the alleged payment had not certified and the alleged date of payment was beyond three months next before the time when the objection was raised. That plea is not raised before us in this appeal which is confined to questioning the correctness of the order of the Court below fixing the particulars of the proclamation, in respect of details in description of the properties. Orders passed settling the draft proclamation may be appealable if they come within the ambit of Section 47, Code of Civil Procedure. Particulars of description of property to be sold are not matters coming within Section 47 and that being the only question raised in the appeal it should be dismissed as not maintainable in law. This appeal is accordingly dismissed with costs. Return the papers to the Court below forthwith.