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Judgment
We agree with the District Judge in thinking that if an application made under Order XXI, Rule 100, of the CPC is dismissed without investigation, the person dispossessed is not bound to bring a suit to establish his right to possession within one year under Article 11A of the Limitation Act.
The decisions in Narasimla Chetti v. Viriapala Nainar 27 Ind. Cas. 944 : 2 L. W. 206. and Ponnusami Pillai v. Samu Ammal 38 Ind. Cas. 937 : 31 M. L. J. 247. related to orders made upon claims under Order XXI, Rule 63, There is no such change of language in the rules that relate to claims made after sales in execution as there is in those portions of the Code which relate to claims against attachment.
Under these circumstances the decisions under the old Code upon this point apply, and the appeal must be dismissed with costs.
The District Court should have given a refund of the value of the stamp on the appeal memo, to the appellant instead of including it among the costs to be paid by respondent in the decree.