From the order judgment of one Judge, a letters patent appeal second appeal was filed before the Division Bench under Clause 10 of the Letters Patent of the Orissa High Court.
419 of 1979.
A certificate of fitness, however, in terms of Article 133 of the Constitution of India was prayed for by the Appellant and granted by the said Full Bench.
BACKGROUND FACTS Although these appeals involve companymon questions of law, the factual matrix of the matter would be numbericed from Civil Appeal No.689 of 1998.
The First Respondent herein filed a suit against the Appellant herein in the Court of II Addl.
The validity of the said auction came to be questioned by the Appellant by filing an Execution Application on or about 8.10.1979 praying therein for setting aside the companyrt auction sale held on 26.9.1979 in respect of Ginning factory situate at Tirurppur named and styled Sree Krishna Ginning Factory.
Subordinate Judge, Coimbatore which was marked as O.S. No.403 of 1974.
In the said execution proceeding for realization of the decretal amount the property belonging to the Appellant herein was put to auction.
5385 OF 1998 AND CIVIL APPEAL NOS.
5389 90 OF 2002 B. SINHA, J Interpretation of Section 104 of the Code of Civil Procedure for short, the Code vis vis Clause 15 of the Letters Patent of the High Court of Madras is in question in these appeals.
W I T H CIVIL APPEAL NO.
The said application was dismissed by the Execution Court on 10.10.1985 against which an appeal was preferred by the Appellant which was also dismissed by a learned Single Judge of the Madras High Court by a judgment and order dated 8.10.1990.
The said suit was decreed on or about 15.4.1976.
The said application was marked as Executive Application No.
A Letters Patent Appeal thereagainst purported to be in terms of Clause 15 of the Letters Patent of the Madras High Court was filed by the Appellant which was dismissed by a Full Bench of the Madras High Court by a judgment and order dated 22.8.1998 holding that in terms of sub section 2 of Section 104 of the Code, an appeal against an order passed by the Appellate Court under Order XVIII Rule 1 read with Section 104 of the Code, was number maintainable.
An execution petition was filed by the First Respondent decree holder for executing the said decree.
