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1913 Supreme(SC) 3

LORD SHAW OF DUNFERMLINE, LORD MOULTON, SIR JOHN EDGE, AMEER ALI
SETH KANHAYA LAL – Appellant
Versus
THE NATIONAL BANK OF INDIA, LIMITED – Respondent


Advocates:
Solicitors for appellant: T. L. Wilson & Co.
Solicitors for respondents: Sanderson, Adkin, Lee & Eddis.

Judgement

Appeal from a judgment and order of the Chief Court (January 27, 1911) affirming an order of the District Judge, Delhi (November 18, 1902), dismissing the appellants suit.

On August 28, 1902, the appellant, as plaintiff, commenced a suit against the respondents.

By his plaint the appellant alleged that he had since June 25, 1902, been the sole proprietor of certain mills at Sabzi Mandi, Delhi, and of the machinery and other property therein, and that the respondents having obtained a money decree against the Delhi Cotton Mills Company, Limited, obtained warrants of attachment against his said mills, premises, and the property therein, and on August 20, 1902, wrongfully took possession of them thereunder, to obtain satisfaction for a sum of Rs. 83,005, the balance then unpaid under the said decree.

By paragraphs (4.), (5.), and (7.) of his plaint the appellant alleged substantially as follows—That on August 20, 1902, the respondents manager, accompanied by the bailiff of the Court and several peons, forcibly entered the said premises and dis possessed the appellants servants, and professed to attach all the movable effects and placed the same under lock and key, leaving ce





































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