AIR 1928 BOMBAY 534(2)

Bombay High Court

Hon'ble Judge(s): Patkar, Baker , JJ

(A) Civil P.C. (5 of 1908) , S.47— Defendant S dying before decree - His legal representative P brought on record - Decree passed against property of S-P dying before execution-P's legal representatives objecting to execution- They are legal representatives of parties to suit and their objection being under S. 47, order passed by Court on it would be appealable. A persons was sued but died before decree and his brother P was brought on record as his heir. The decree was pissed against the estate of S. After decree P died and, his legal representatives were brought on record, who objected to the execution of the decree on the ground that the property sought to be attached in execution did not belong to S but to P. Held : that the persons objecting ware legal representatives of the defendant is the suit, and the decision of the Court would fall with in S. 47, and an order of the Court would he appealable as it would amount to a decree under S. 2, Cl. 2. (B) Civil P.C. (5 of 1908) , S.102— Small cases Court decree transferred for execution to Sub-Judge's Court-Against order in execution proceedings appeal lies but not second appeal-Provincial Small Cause Courts Act, S. 27. Where a decree passed by a Court of Small Causes was transferred to a Sub-....