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1970 Supreme(AP) 60

PARTHASARATHI
N. Ranganayakulu – Appellant
Versus
J. Narasimharao and Company – Respondent


PARTHASARATHI, J.

( 1 ) IN O. S. No. 30 of 1967 on the file of the District Munsif, Khammam, the respondent in this revision petition obtained a decree against three defendants for recovery of Rs. 2,558-10p together with further amounts of interest and costs as specified in the decree. The three defendants are a firm doing business in the name of Nagubandi Ranganayakulu, now represented by a Receiver appointed by the Subordinate Judge, Warangal in O. S. No. 82 of 1966 and Ranganayakulu and Madhava Rao who are the partners of the 1st defendant firm. The decree in O. S. No. 30 of 1967 was transferred to the Mahabubad court for execution. The respondent decree holder moved the court in E. P. No. 25 of 1968 for the arrest and detention in civil prison of the 2nd defendant, Ranganayakulu. The petition was granted by the executing court. The order is challenged in this revision petition by the judgment-debtor who is directed to be arrested and detained in prison.

( 2 ) THERE are various points taken by Mr. Y. Suranarayana in support of this revision petition. He contends that ton a true construction of the terms of the decree, no personal liability is imposed on the 2nd judgment-debtor (h


















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