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1950 Supreme(Pat) 103

V.RAMASWAMI, SARJOO PRASAD
Sham Sundar Singh – Appellant
Versus
Dhirendra Nath Chandra – Respondent


Judgment

Sarjoo Prasad, J.

1. This appeal is by the judgment-debtor arising out of an objection under Section 47, Civil P. C.

2. This appeal was analogous to several other appeals but we directed that, as the execution case which gave rise to the present appeal was being held up this appeal should be heard and disposed of. It was accordingly placed for hearing before us. It relates to Execution case No. 547 of 1946, and our observations will have to be confined to that execution case alone.

3. It appears that the plaintiffs decree-holders obtained on 29th February 1932, a decree in the Court of the Subordinate Judge at Dhanbad in Money suit No. 261 of 1930 which was later confirmed on appeal by this Court on 25th August 1936. The decree-holders proceeded to execute this decree by sale of certain properties belonging to the judgment-debtor. The case appears to have a long and chequered history, and it is one of those cases which demonstrate how a decree obtained in 1932 has yet remained unexecuted for all these 18 years on account of the various obstructions successfully raised by the judgment-debtor under cover of legal procedure. The execution case was started and registered on 18t



















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