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1955 Supreme(Pat) 29

S.K.DAS, CHOUDHARY
Kameshwar Singh – Appellant
Versus
Krishnanand Singh – Respondent


Judgment

Choudhary, J.

1. This is a decree-holders appeal arising out of an order allowing the objections raised by the judgment debtors, under Sec. 47, Civil P. C., to the maintainability of an execution case.

2. In this case, the Maharajadhiraj, of Dar-bhanga is the decree holder and Kumar Krishnanand Sinha and others of Banaili are the judgment-debtors. The estate of the judgment-debtors was in the hands of a receiver appointed by the court-in Title Suit No, 13 of 1935, The Maharajadhiraj of Darbhanga had to get from the judgment-debtors a huge sum of money, and an application on his behalf was made in that title suit for a direction to the receiver to pay that amount to him. The application was allowed, and the receiver was directed to pay the money to the Maharajadhiraj. Necessary provisions were made for its payment in the budget of 1356 Fasli. The receiver, however, did not pay him anything, and ultimately the court passed an order on 13-9-1949, permitting the Maharajadhiraj of Darbhanga to realise the amount by executing the order of the court against the properties of the judgment-debtors in the hands of the receiver.

The Maharajadhiraj of Darbhanga as a decree-holder there














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