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DERBYSHIRE, NASIM ALI, MITTER, LORD-WILLIAMS, J. M., BARTLEY
Narsing Das Tansukdas – Appellant
Versus
Chogemull – Respondent
JUDGMENT
Derbyshire, C.J. - This is an appeal from a decision of Panckridge, J. given on 14th December 1937, whereby he held that part of a consent decree of this High Court was barred from execution by reason of the provisions of Sections 34 and 35, Bengal Agricultural Debtors Act, 1935. The decree in question was in Suit No. 1051 of 1935 and was dated 20th December 1935; it provided for the payment of Rs. 52,000 with interest in certain instalments, and the charging of certain properties set out in the schedule for the payment of the said decretal amount. The plaintiffs are a registered firm carrying on a business as commission agents at No. 9, Armenian Street, Calcutta. The defendants are members of a joint Hindu family governed by the Mitakshara School and are said to be carrying on a coparcenary business in piece-goods at Jalpaiguri, Bengal, under the name and style of Sewlal Momraj Agarwalla. Chogemull is described as the karta of the said Hindu family. The plaintiffs supplied the defendants with piece-goods from time to time and also lent them money on hundis bearing interest at 12 per cent, per annum. The moneys owing were to be paid by the defendants to the plaintiffs at No
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