Judgement

Appeal (No. 92 of 1922) from a judgment and decree of the Chief Court of the Punjab (January 15, 1919) reversing a decree of the Subordinate Judge, Delhi.

The suit was brought in 1902 by the appellant (since deceased) against the respondents to recover money which he had paid to them under protest to release an attachment of immovable property, which he alleged belonged to him, under a decree obtained by the respondents against the Delhi Cotton Mills Co., Ld.

The circumstances in which the suit was brought appear from the judgment of the Judicial Committee. There had been two previous appeals to the Privy Council in the suit. In the first (reported at L. R. 37

I. A. 80), the Chief Court having dismissed the suit by an error of procedure, it was remitted for trial. In the second (reported at L. R. 40 I. A. 56) it was held, reversing the Chief Court, that the plaint showed a good cause of action; the suit was again remitted for trial.

The debentures held by the deceased appellant were issued on April 6, 1901, and were secured by a trust deed in favour of new trustees containing identically the same terms and conditions as those in the trust deed securing debentures original