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1950 Supreme(Cal) 18

HARRIES, SARKAR
Badri Prasad Jhunjhunwalla – Appellant
Versus
Babulal Jhunjhunwalla – Respondent


Advocates:
Jagdish Chandra Ghose - for Appellant.
Dr. N.C. Sen Gupta with Sudhansu Bhusan Senior Respondents.

Judgement

SARKAR, J. :- This is an appeal from an order made by the learned Subordinate Judge at Asansol, directing an attachment before judgment. The suit is on a loan which was said to have been advanced by the plaintiffs to one Kaliprosad Jhunjhunwalla who was in charge of a business. Kaliprosad being dead the suit has been brought against the members of the family which carried on that business.

2. The plaintiffs applied for attachment before judgment in respect of their claim in this suit of a certain decree which had been passed in favour of defendant 1 who is the senior most member of the family, on 28th January 1948. Notice was issued by the learned Subordinate Judge which was served by affixation at the door of the residence of the defendants. The defendants case is that they did not get this notice and in those circumstances they did not appear to show cause. The learned Subordinate Judge thereupon passed an order for attachment before judgment ex parte. Subsequently, the defendants made an application that they should be allowed to show cause and on that application the order appealed from was made.

3. Learned Advocate appearing for the appellant has taken two points. The





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