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Bombay High Court
Mahant Ishwargar vs Chudasama Manabhai And Ors. on 23 June, 1887
Equivalent citations: (1888) ILR 12 Bom 30
Author: C Sargent
Bench: C Sargent, N Haridas


Charles Sargent, C.J.

1. The question as to the amount of security to be given by the defendant as the condition of the stay of execution of the decree against him was a question now “relating to execution” within the contemplation of Section 244 of the Civil Procedure Code, and, therefore, an order determining that question would be appealable under Section 2 of the Civil Procedure Code-Ghazidin v. Fakir Bakhsh I.L.R. 7 All. 73; Udeyadeta Deb v. Gregson I.L.R. 12 Calc. 624. No reference, therefore, lies to this Court under Section 617, even assuming that section to apply to a proceeding of this nature under Section 647. Plaintiffs to pay defendant his costs.

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