Daivanayagam Pillai vs Rangaswamy Aiyar

Muthusami Aiyar, J.—The preliminary objection is taken that no second appeal lies in this case. I am of opinion that the objection is well-

founded. I held in appeal against appellate order No. 18 of 1893 that no second appeal lay against an order made u/s 588. An order refusing to

set aside a sale is appealable u/s 588 and it is provided by Act VII of 1888 that the orders passed in appeals u/s 588 shall be final. By of the CPC

it is expressly declared that an order specified in Section 588 is not a decree. No second appeal can therefore be taken to lie under the provisions

of the code relating generally to appeal decrees. It is urged that in the case before me the decree-holder who was a party to the suit was the

purchaser at the court-sale and that the order must therefore be taken to be an order passed u/s 244. But it is not enough that the question

determined is one mentioned in Section 244. In order that the order may be a decree, it is also necessary that the order should not be one

specified in Section 588. u/s 2 of the CPC it is immaterial whether a decree-holder or a third party is the purchaser at the court-sale. The same

view was taken by the Full Bench at Calcutta in the case Nana Kumar Boy v. Gulam Chander Dey ILR (1891) C. 422 My attention is, however

called to the cases, Vallabhan v. Pangunni ILR (1889) M. 454 Muttia v. Appasamis I. L. R. (1890) M. 504 and Viraraghava v. Venkata ILR

(1892) M. 287 But none of them is in point and this question did not arise in those cases.