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Judgment
Woodroffe, J.—It is not necessary to decide the questions that have been raised; namely, whether an appeal lies in this case or whether the Petitioner has his remedy by way of revision, The rule must be discharged upon the merits. The petition was rejected on the ground that the Petitioner was not a person entitled to apply under BOO. 331, C.P.C, which contemplates an application by the decree-holder.
I think that the contention is Bound that this section is limited to an application by the decree-holder. The Appellant has not been actually dispossessed, so as to enable him to come under sec. 332, C.P.C. It has further been stated that the execution proceedings have been struck off and that the matter is now really one relating to costs. The rule is discharged with costs, two gold mohurs.
Coxe, J.
I agree.