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1957 Supreme(Cal) 82

S.R.DASS, N.K.SEN
CHANDRA KALA DEVI – Appellant
Versus
CENTRAL BANK OF INDIA LTD. – Respondent


Advocates Appeared:
AMARENDRA MOHAN MITRA, ARUNENDRANATH BASU, NIRMAL CHANDRA CHOUDHURI, PANCHANAN CHAUDHARY

S. R. DAS GUPTA, J.

( 1 ) THIS appeal arises out of an objection raised to an application for execution of a decree. The appellants before us were the heirs of the deceased judgment-debtor against whom a decree for recovery of money was passed. That decree was put into execution and the Execution Case was numbered 85 of 1953. The amount for which the execution proceedings were originally started was Rs. 3077-15 which included costs of the suit and costs of the certified copy of the decree. I should have mentioned that against the said original decree there had been an appeal to this Court which was dismissed. The present Execution Case was started after such dismissal. On the 16th July 1954, after the original application for execution was filed, a petition was presented to the Subordinate Judge, Asansol, by the decree holder for an amendment of the execution petition by including a prayer for Rs. 932/- as the added interest. In that petition it was stated that the original decree was amended on the 10th July, 1954, by the said court and in accordance with that order of amendment the execution petition should also be amended. It appears that on the 10th July, 1954, that is, after












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