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1953 Supreme(Cal) 61

P.B.MUKHARJI
OWNERS AND PARTNERS OF THE FIRM NAMED SHAH KANTILAL – Appellant
Versus
DOMINION OF INDIA OWING EAST INDIAN RAILWAY – Respondent


Advocates Appeared:
GOURI NATH MITTER, T.P.DAS

P. B. MUKHARJI, J.

( 1 ) THIS is an application in execution. The owners and partners of the firm Shah Kantilal as plaintiffs obtained an ex parte decree on 21-10-1948 from the Court of the Civil Judge, Okhamandal, in the former State of Baroda in Suit No. 4 of 1948-49 against the defendant Dominion of India as owning the East Indian Railway for the sum of Rs. 5683/12/- with interest at the rate of 6 per cent per annum and also for the sum of Rs. 533/7/4 as costs with interest at the rate as aforesaid. On 21-3-1949, the State of Baroda merged with the then Province of Bombay. The decree-holder thereafter made an application on 24-4-1950, in Okhamandal Court for transfer of the decree to the Calcutta High Court for execution and on the same date there , was an order by the Civil Judge, Okhamandal,' transferring such decree to this High Court for execution. On 2-2-1951 the Tabular Statement in execution by the decree-holder was affirmed in this Court. The total amount for which the execution is asked amounts now to Rs. 7083/12/8. In the Tabular Statement the decree-holder asked for realisation of the decretal dues by attachment of the furniture of the East Indian Railway lying at No





























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