1934 (3) TMI 21

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..... peal lies and I find this objection to be correct. The original suit was not tried by a Court of Small Causes but it was a suit of the nature cognizable by a Court of Small Causes and the claim was for Rs. 450. A second appeal is, therefore barred by Section 42, sub-Section 2 of the Punjab Courts Act. (See also AIR 1928 Lah. p. 713). Mr. Shuja-ud-Din for the appellant has contended that no first a .....

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..... he bank to raise a plea to this effect at the original trial was fatal to such a decree as to bar its being raised in execution proceedings. The Allahabad authority above quoted leaves no doubt that such a point can be raised in execution proceedings and, since the order passed under Section 153 was a judgment in rem, it is on a different footing from agreements which the parties have an option to .....

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