December "An order made by a Judge upon an application 1921, in favour of Gaya Din and Chheda It was which is still pending, that it be `struck off,* or made absolute on 6th December 1924 After this `sent to the record room,* made either without Chheda died Several execution applications were notice to the decree-holder, or without giving him made, the last one being on 31st October 1931, by an opportunity of being heard, is a ministerial Gaya Din, one of the original decree-holders, and order, and cannot be regarded, speaking generally, the sons of Chheda deceased The property to be as a judicial disposal of the application on the sold is agricultural land, and therefore on 20th merits, though special circumstances may appear April 1932, the execution case was transferred to which make it so ** the Collector There the case remained pending for Two other decisions of the Allahabad High Court about three years and on 22nd July 1935, the sale need not be cited as they are earlier than 1927 officer drew up proclamation of sale and issued Allahabad In A I R 4

[1936] Cal 2392

California Reports

India - Uttar Pradesh

Cases Referring to this Case