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1953 Supreme(Pat) 38

B.P.JAMUAR, V.RAMASWAMI
Kartar Singh – Appellant
Versus
Ramkumar Bhagat – Respondent


Judgment

1. This application is presented on behalf of Sardar Kartar Singh for leave to appeal to Supreme Court against the judgment and decree of a Bench of this High Court dated 17-4-1952 in F. A. 100 of 1950.

2. The opposite party No. 1 had obtained a decree for a sum of Rs. 13,382/13/1 with interest against the opposite party No. 2. There was an appeal preferred to the High Court but the appeal was dismissed on 15-3-1949. On 20-12-1949 opposite party No. 1 applied for execution of the decree in the court of the Special Subordinate Judge of Ranchi. In para 5 of the execution petition the opposite party No. 1 mentioned that there was a sum of Rs. 8000 which was kept in deposit with the Garnishee Sardar Kartar Singh for being paid to opposite party No. 1. Objections were filed to the execution case by various persons. On 5-3-1949 the petitioner filed an objection on the ground that he had paid a sum of Rs. 8000 to the opposite party No. 2 and so he was not liable to pay the amount over again to opposite party No. 1. Later on, on 23-4-1949 an application was filed in the executing court to the effect that opposite party No. 1, viz., the decree-holder, had received a sum of Rs. 8000










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