Judgement

Appeal (No. ii of 1941) from an appellate decree of the High Court (January 19, 1939) which had reversed the order of a single judge of the same High Court in its ordinary original civil jurisdiction (March II, 1938) and had restored the order of the First Assistant Registrar of the High Court (September 3, 1937).

Law. Rep. 70 Ind. App. 50 ( 1942- 1943) Bhavani Shankar Joshi V. Gordhandas Jamnadas

2

The following facts are taken from the judgment of the Judicial Committee This appeal arose out of an application made under r. 16 of Order xxi. of the Code of Civil Procedure. On February 19, 1924,

F. Friedmanns Diamanthandel Maatschappij (F. Friedmanns Diamond Trading Co., Ld.), (respondent No. 2), herein called " the Dutch company," obtained from the High Court at Madras in its original jurisdiction a decree for Rs.24,207-4-0 with certain interest and costs against one Ramanath Joshi, the appellants father. He died on September 15, 1924, and on February 8, 1927, leave was given by the High Court to execute the decree against the appellants as his legal representatives. The second appellant was at that time a minor, but that fact was at first overlooked. On January 26, 1935,