Calcutta High Court
Basudeo Narain Singh And Ors. vs Seolojy Singh on 18 April, 1887
Equivalent citations: (1887)ILR 14CAL640
JUDGMENT
1. The question whether the decree-holder was entitled to sell the whole 8 annas or a 3 annas 12 dams share of the mortgaged premises, was decided by an order, dated 7th September, 1885. The Court which made the order had full authority to make it under Section 244 of the Code of Civil Procedure. By reason of that order not being appealed from, it became final, The question disposed of by it is, therefore, no longer an open question between the decree-holder and the appellants before us. We, therefore, set aside the decision of the lower appellate Court so far as the appellants are concerned. We do not interfere with the decision of the lower appellate Court so far as the original judgment-debtors are concerned, as they have not appealed against it.
2. The appellants are entitled to recover the costs of this appeal and in the lower appellate Court from the respondents. We assess the costs of both hearings at Rs. 50.