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1954 Supreme(Cal) 183

S.R.DASS, MALLICK
SUBODH KUMAR BANERJEE – Appellant
Versus
HIRAMONI DASI – Respondent


Advocates Appeared:
AMARENDRA MOHAN MITRA, Sachindra Chandra Das Gupta

S. K. DAS GUPTA, J.

( 1 ) THE appellant before us was one of the judgment-debtors. The appeal arises out of an application under Section 47, Civil P. C. , filed by the appellant. The suit out of which the application under Section 47, Civil P. C. , arose was a suit for specific performance of a contract. There were several defendants of whom the judgment-debtor was one. The judgment-debtor' was the transferee from the original vendor who was also made one of the defendants in the suit. The appellant had purchased the said property with knowledge of the agreement for sale made with the purchaser. In the plaint which was filed one of the prayers was that the contract for sale be specifically performed. The suit was decreed by the lower Court and the opening words of the decree were that the suit be decreed with costs. In the subsequent portion of the said decree it was stated that the defendants on getting the payment of the consideration money do execute and register a conveyance in favour of the plaintiff and the plaintiff do deposit in court the balance of the consideration money and that the defendants, do pay the costs of the suit. Having obtained that decree an application was







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