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1964 Supreme(Cal) 238

A.K.MUKHERJI, D.N.SINHA
Zeenutinnessa Begum – Appellant
Versus
Nawab Syed Waris Ali Aleerza Saheh Bahadur – Respondent


Judgement

SINHA, J. :- This is an appeal against an order of Ray, J. dated the 6th March, 1964 whereby he dismissed an application made by the appellant for execution of a decree obtained by her against the respondent, dated 6th December, 1932. The facts are briefly as follows : Suit No. 1599 of 1932 (Zeenutennessa Begum v. Nawab Syed Waris Ali Meerza Saheb Bahadur) was instituted in 1932 for realisation of Rs. 1,00,000/-, being the deferred dower claim by the plaintiff from the defendant, interest and costs. On the 6th December, 1932 a decree was passed in the said suit in favour of the plaintiff for the sum of Rs. 1,04,000/- with interest thereon at 6 p.c. per annum and costs. It is in execution of this decree that an application was made by the Appellant for execution by tabular statement on the 26th November 1963 and notice was issued to the respondent on 3rd December, 1963. A copy of the tabular statement appears at as 1 to 7 of the Paper Book. In column 6 it has been mentioned that on or about 10th July, 1933 on the plaintiff's application, a warrant of arrest of the defendant was issued but the same was not executed. On or about 21st June, 1940 on the application of the plain
















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