Meerudin Saib v. Rahisa Bibi

The order contemplated by section 335, Civil Procedure Code, is one which will become final and conclusive unless the party against whom it is passed institutes a suit and obtains an adjudication in his favour. In the present case District Munsif declined to pass an order under that section, as he thought it better that the purchaser should he referred to a separate suit to enforce his purchase. This case is similar to that of Rash Behari Bysak v. Buddun Chunder Singh (1), and we concur in the view therein taken that article 11 of the second schedule to the Limitation Act has no application to such a case as the present. We accordingly reverse the decrees of both the Lower Courts and demand the suit to the Court of First Instance for disposal according to law. The costs in this and in the Lower Appellate Court will he costs in the case.