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Judgment
The order contemplated by Section 335, Code of Civil Procedure, is one which will become final and conclusive, unless the party against whom
it is passed institutes a suit and obtains an adjudication in his favour. In the present case the District Munsif declined to pass an order under that
section, as he thought it better that the purchaser should be referred to a separate suit to enforce his purchase. This case is similar to that of Rash
Behari Bysack v. Buddim Chunder Singh ILR Cal 550. and we concur in the view therein taken that Article 11 of the second schedule to the
Limitation Act has no application to such a case as the present. We accordingly reverse the decrees of both the Lower Courts and remand the suit
to the Court of First Instance for disposal according to law. The costs in this and in the Lower Appellate Court will be costs in the case.