High CourtsDivision Bench

Ram Coomar Dey vs Shushee Bhooshun Ghose and Another

Calcutta High Court · Decided on 7 February 1883 · Citation: (1883) ILR (Cal) 626

HON’BLE JUDGES
Maclean, J · Cunningham, J

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Judgment

1 paragraphs · 105 words

Cunningham, J.—We think that the construction put by the Court below upon Section 313 of the CPC was correct, and that the case of Naharmul Marwari v. Sadut Ali 8 CLR 468 does not bind us, because in that case the learned Judges considered that a state of things had come about in which the judgment-debtor had no saleable interest. In the present instance it is admitted that he has a saleable interest to the extent of eight annas. That being so we think we cannot hold that the case falls within the scope of Section 313. The appeal must, therefore, be dismissed with costs.