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1990 Supreme(AP) 371

V.NEELADRI RAO
Abdul Saleem – Appellant
Versus
Sarwar Tajuddin – Respondent


V. NEELADRI RAO, J.

( 1 ) 1. This revision petition was filed by Judgment debtor No. 7 in the decree passed in S A No. 16/83 on the file of the District Judge Warangal.

( 2 ) R-1 herein riled a suit for recovery of money from D-1 who has executed the pronote and from D-2 who stood as surety. During the pendency of the suit, D-2 died and D-3 to D-11 were brought on record as his L Rs. The suit was dismissed. R-1 herein preferred A S No, 16/83. That appeal was allowed and the suit was decreed on 20-10-84. The operative portion of the decree is as under. "that the respondent-defendants do pay Rs. 6,400/- to the appellant-plaintiff. That the respondents-defendants do pay to the appellant-plaintiff a sum of rs. 1172-40 Ps towards costs of suit and a sum of Rs. 660-70 Ps towards costs of the appeal. "thus, the decree reads that there was a personal decree even against D-3 to D-11 who are R-3 to R-11 in the 1st appeal, and who are the judgment-debtor Nos. 3 to 11.

( 3 ) THE Plaintiff-decree holder filed ep No. 91/89 for arrest of this revision petitioner by contending that even though he had means to discharge the decree debt he was evading. The executing Court ordered arrest. This revisio





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