1951 (11) TMI 6

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....Thadani, CJ. - This is a first miscellaneous appeal from an order of the learned Additional Subordinate Judge, U.A.D., dated 18th February, 1950, by which he ordered the execution to proceed in the following circumstances. On 13th September, 1948, the decreeholder in this case obtained a decree in the sum of Rs. 6,000 odd from the Court of the Subordinate Judge, U.A.D., at Silchar. After the pa....

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....nable the judgment-debtor to obtain an order of stay from the High Court. Apparently the learned Subordinate Judge was not aware of the Order of this court dated 1st October, 1948, by which all proceedings which had commenced or were being continued against the company were stayed. It is contended by Mr. Gupta for the opposite party that there was no final order passed by Ram Labhaya J. under t....

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.... Rule issued on 1st October, 1948, absolute. The principal objection raised by Mr. Gupta to the appeal is that no appeal lies in that no final order has been passed in this case, which would attract the provisions of section 47 of the Civil Procedure Code. This contention has been dealt with in a judgment of the Division Bench of the Calcutta High Court in a case reported in Mahiganj Loan offic....

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....nies Act. Mr. Gupta invited our attention to para. 7 of the petition of the decreeholder dated 16th January, 1950, in which it is stated that certain payments were made by the judgment-debtor to the decree-holder. Mr. Gupta's argument is that having made the payment, the judgment-debtor has waived the terms of the scheme which had given certain privileges to the judgment-debtor against whom dec....