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1924 Supreme(Cal) 386

Amulya Ratan Banerjee – Appellant
Versus
Banku Behari Chatterjee – Respondent


JUDGMENT

1. This appeal arises out of a proceeding in execution of a decree passed in the Original Side of this Court. It is necessary to give a short history of the litigation. The decree was passed on the 25 th July 1904. In 1905, it was transmitted to the Hughli Court for execution which ended on the 16th November 1905, according to the Court below, but on the 20th January 1906 according to the certificate issued by this Court and printed at page 34 of Part II of the paper-book. On the 19th November, 1917, the respondent decree-holder again applied for execution and notice was served upon the appellants on the 19th December 1917, and the execution case was struck off on the 21st December 1917, with a remark "dismissed for want of prosecution." The application for the present execution was presented on the 17th February 1921, and it was prayed that certain properties belonging to the appellants' father might be attached in execution of the decree. The appellants who are the present judgment-debtors raised various objections to the execution of the decree. The learned Subordinate Judge in the Court below overruled all those objections and held that the decree was capable of executi

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