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1918 Supreme(Cal) 159

SYED SHAMSUL HUDA, FLETCHER
Kirti Chandra Daw – Appellant
Versus
Bepin Behari Pal Chaudhuri – Respondent


JUDGMENT

Fletcher, J. - This Rule must be made absolute. The facts are these. The decree-holder-petitioner obtained a decree for Rs. 30,000 in the Original Side of this Court. That decree was transmitted to the Court of the Subordinate Judge of Hooghly for execution. It is not necessary to go into the long and various proceedings that have taken place with reference to the execution of that decree. It is sufficient to say that in the end the properties of the judgment-debtors remained under attachment and, that being so, most of the judgment-debtors compromised the matter with the decree-holder (sic) it was agreed that as regards their (sic) ability the decree-holder should accept a certain sum in cash and, on the payment being made, their share should be released. It was also provided by the terms of the compromise that pending the payment the attachment should continue. The compromise, however, did not affect the shares of two of the judgment-debtors, namely, one Bepin Behari Pal Chaudhury and another who had been adjudicated an insolvent; in fact, the compromise purported to keep alive the rights of the decree-holder as against these two shares. It is quite clear that the attachm

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