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1953 Supreme(Pat) 23

SARJOO PRASAD, V.RAMASWAMI
Harnath Rai Brijraj – Appellant
Versus
Hirdai Narain Kumar – Respondent


Judgment

Sarjoo Prosad, J.

1. This appeal is by the decree-holders and arises out of an execution proceeding in which the learned Subordinate Judge executing the decree held that the decree-holders were not entitled to realise in execution the sums claimed by them as due under the decree except for a small amount of interest .which, in his opinion, remained unsatisfied on account of the decretal dues. There is also a cross-objection by the judgment-debtors.

2. The facts giving rise to this appeal are that the decree-holders obtained by consent a decree on the Original Side of the Calcutta High Court for a sum of Rs. 26,246 against the judgment-debtors respondents with interest at 6 per cent per annum and also for incidental costs as taxed under the allocator. The decree further provided for payment in instalments of a sum of Rs. 22,279-12-0 with costs in full satisfaction of the decree. The material terms of settlement are embodied in paragraphs 4 to 7 of the compromise decree. In order to appreciate the points urged, it is necessary to refer in extenso to the terms embodied in the paragraphs in questions :

"4. The defendants will pay the costs of the suit to the plaintiffs attorney


































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