P.B.GAJENDRAGADKAR, C.J.I.

(1) THE short question of law which arises in this appeal is whether a suit filed in pursuance of O. 21 r. 63 of the Code of Civil Procedure attracts the, provisions of s.80 of the Code. This point arises in this way. One Phool Chand, the predecessor-in-title of the appellant Sawai Singhai Nirmal Chand, instituted a suit against the respondent, the Union of India, in the court of the Second Additional District Judge, Jabalpur, and obtained a decree on 25/4/1951 for Rs. 24,234-14-0 and proportionate costs with interest @ 4% per annum. The respondent challenged the said decree by preferring an appeal in the High court. Pending the appeal, the respondent deposited the decretal amount of Rs. 31.849-9-9. On 14/12/1952, phool Chand withdrew Rs. 28.032-12-0 out of the said amount after furnishing due security in that behalf. Ultimately, the respondents appeal was partly allowed on 26/06/1954, and the decretal amount was reduced to Rs. 10,971-15-6. In the result, the total decretal amount due to the decree holder Phool Chand came to Rs. 12,691-13-6; and that meant that he had withdrawn Rs. 15,340-14-8 in excess of his legitimate dues.

(2) ON 4/09/19