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Judgment
4 paragraphs · 178 wordsMitter and Trevelyan, JJ.—We are of opinion that the appeal in this ease must fail. Without expressing any opinion upon the question whether the plaintiff''s suit is barred by limitation, we think that upon the facts admitted in this case the plaintiff is not entitled to have a decree setting aside the sale. We think that the ruling in Jan Ali v. Jan Ali Chowdhry 10 W.B. 154 will govern this case.
There was an order by Mr. Drummond which, u/s 244 of the Code of Civil Procedure, had the force of a decree directing the sale of the property in dispute, and in execution the property in dispute was sold and purchased by a person who was not a party to the suit. That decree was subsequently set aside.
According to the authority referred to above, this will not entitle the plaintiff to bring a suit to set aside the sale. That being so, we think that the judgment of the lower Courts dismissing plaintiff''s suit is correct.
We dismiss this appeal with coats.