Stanley, C.J:— I concur in the judgement which has been pronounced by my brother Banerji. In an earlier case I was a member of a Bench which expressed approval of the decision In the matter of the petition of Chando Bibi, namely, in the case of Meghraj Singh v. Lata Mal. At that time I was not aware of the amendment of the law by Act X of 1877. As has been pointed out, under section 92 of Act VIII of 1859, the words “or wrongfully sold in execution of a decree” did not exist in the earlier statute. These words, it appears to me, were obviously added to meet a case such as the present, and in view of this it appears to me that the words is danger of being wrongfully sold” were not correctly interpreted in the case of Chando Bibi. After reconsideration of the matter I am of opinion that in the judgement which has just been pronounced, the section has been rightly interpreted. I would therefore allow the application.
Tudball, J.:— I fully concur and have nothing to add.
By the Court.—The order of the Court is that a temporary injunction be issued for the stay of the sale ordered in the execution proceedings, pending the disposal of the appeal in this Court.
Let the hearing of the appeal be expedited.
Application allowed.