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1976 Supreme(Pat) 177

LALIT MOHAN SHARMA, BIRENDRA PRASAD SINHA
Keshav Nandan Sahay – Appellant
Versus
Bank Of Behar – Respondent


Judgment

BIRENDRA PRASAD SINHA, J.

1. These two appeals are by the judgment-debtors in two execution cases.

2. The respondent-decree-holder, Bank of Behar, now State Bank of India, obtained a decree in Money Suit No. 61 of 1956, on the 29th June, 1957, for a sum of Rs. 28,750/12/- against Deonandan Sahay. It also obtained against him another decree in Money Suit No. 109 of 1956, on the 24th February, 1958, for a sum of Rs. 3,44,232/-. Two execution cases were filed against the judgment-debtor, Deonandan Sahay. Execution Case No. 62 of 1958 arose out of Money Suit No. 61 of 1956 and Execution Case No. 112 of 1958 arose out of Money Suit No. 109 of 1956. After service of notice, Deonandan Sahay filed petitions under S. 47 of the Civil P. C., giving rise to Miscellaneous Case No. 53 of 1961 in Execution Case No. 62 of 1958 and Miscellaneous Case No. 54 of 1961 in Execution Case No. 112 of 1958. Deonandan Sahay died in April 1962 and the two miscellaneous cases were dropped. His heirs including his wife, sons and daughters were brought on record in June 1962 in both the execution cases. In December 1962, the widow of Deonandan Sahay filed petitions under S. 47 of the Civil P. C. in both




























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