Law: Civil Procedure Code (V of 1908)

Section: 47, 104(1), O. XXI, 100

Civil Procedure Code (V of 1908), Ss. 47, 104(1) & O. XXI -Case falling both under S. 47 and O. XXI- Second appeal compe tent-Civil Procedure Code (V of 1908), S. 100. Sain Dad v. Punjab National Bank Ltd., Sargodha and others A I R 1929 Lab. 815 ref. Syed Saeed Ahmad v. Syed Raza Hussain and others A I R 1933 All. 57 and Chimna Ram v. Kate Singh and other A I R 1934 Lab. 538 fol. Date of hearing : 7th November 1972.                                                                                                                                             JUDGMENT This is an appeal against the order of the Additional District Judge, Sheikhupura, dated 16th July 1970, whereby he dismissed the appeal of the present appellant on the short ground that an order under Order XXI, rule 64, C. P. C. was not appealable under Order XLIII, rule 1, C. P. C. The executing Court by its order dated the 9th April 1970, ordered the sale of the agricultural land of the surety of the judgment-debtor which was attached on the 31st of August 1966. 2. It has been argued by Khawaja Muhammad Tufail that an order of attachment made by the executing Court under Order XXI, rule 44, C. P. C. can be appealed but that having not been done, the order of sale is a procedural consequence. In support of his contention he relied upon Sain Dad v. Punjab .National Bank Ltd., Sargodha and others (A I R 1929 Lab. 815). 3. The objection on the other hand is that property of the surety being agricultural land can be…