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1948 Supreme(Cal) 11

CHAKRABARTI, HARRIES
PROMODE KUMAR ROY – Appellant
Versus
HIRENDRA NATH MUKHERJEE – Respondent


Advocates Appeared:
CHANDRA SEKHAR SEN, PANCHANAN CHAUDHARY, SAMARENDRA NATH MUKHERJI, Siddheswar Chakravarty, SUDHIR KUMAR ACHARYA

CHAKRAVARTTI, J.

( 1 ) THE question involved in this appeal and cross objection is whether the holders of a certain mortgage decree are entitled to execute it against one of their judgment-debtors and, further, whether they are entitled to execute it at all. In the appeal, which is by the decree-holders, they contend that they are not debarred from executing the decree against judgment-debtor No. 5 by a so-called award made under the Bengal Agricultural Debtors Act, as wrongly held by the Court below. In the cross-objection, which is by one of the remaining judgment-debtors, the contention is that execution of the decree is barred altogether by limitation.

( 2 ) THE controversy between the parties has arisen out of the following facts.

( 3 ) ON April 5, 1933, the appellants obtained a final mortgage decree against six judgment-debtors for an amount of Rs. 25,215-7-10. "the principal advanced on the mortgage was Rs. 18000/ -. After obtaining the decree, the decree holders took out execution thrice, but were only able to realise the comparatively small sum of Rs. 1355-7-0/ -. A fourth execution case was started on September 4, 1940, and when that execution case was pending, judgme
























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