Damodar Das vs Morgan and Co. - 1933 Supreme(Cal) 52

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1933 Supreme(Cal) 52

PANCKRIDGE
Damodar Das – Appellant
Versus
Morgan and Co. – Respondent

JUDGMENT

Panckridge, J. - This is a suit transferred from the Small Cause Court, on the application of the defendants, under the provisions of Section 39, Presidency Small Cause Courts Act, 1882. The circumstances which have occasioned the suit are as follows: On 9th January 1923, one John Marchmont Gregory obtained a decree for Rs. 16,307 with interest and coats against three persons, of whom one was the plaintiff, and another a gentleman named Lala Raghumal. As security for his claim in that suit, Gregory held the title-deeds of a property, belonging to Lala Raghumal, known as 132, Harrison Road, Calcutta. After the decree, Gregory gave a warrant of attorney to the defendants, authorising them to act as his attorneys in the execution proceedings. On 14th May 1924, Lala Raghumal filed a suit, namely Suit No. 1302 of 1924, to set aside the decree obtained by Gregory and to obtain the return of the title deeds.

2. In June 1924 the defendants filed a warrant of attorney on behalf of Gregory. Writing to the plaintiff on 29th August 1928, the defendants state that they entered appearance in the suit on the plaintiff's instructions and on the plaintiff's undertaking to pay the costs. In s