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1970 Supreme(Del) 126

P.N.KHANNA
GULZARI LAL BHARGAVA – Appellant
Versus
MURARI LAL BHARGAVA – Respondent


Advocates Appeared:
ARUN SHARMA, K.K.DEVAN, R.L.AGARWAL

P. N. Khanna, J.

( 1 ) THIS execution first appeal is from the order dated January 7, 1965 of the Sub-Judge, I Class, Delhi, whereby he dismissed the appellant s objections and held that the execution application filed on behalf of the decree-holder on April 27, 1963 was within time. The decree in this case was passed on January 8, 1960 on the basis of an award dated August 8, 1959.

( 2 ) THE relevant portions of the award, which was made a rule of the court and was incorporated in the decree, provided, inter alia in its operative part as follows :

1. Shri Gulzari Lal (the judgment debtor) will pay to Shri Murari Lal (the decree-holder) a sum of Rs. 4605. 74 within a month of this award. 2. * * * 3. * * * 4. That Shri Guizari Lal will pay to Shri Murari Lal testing charges for 194 cylinders (referred to under item No. 4 of Schedule on being supplied the receipt of the manufacturers charges for testing and will replace such of them as are found unfit for use according to the testing report and in case of default will pay at the rate of Rs. 85. 00 per cylinder not replaced within one month of the receipt of testing report, 5. * * * 6. It is made clear that in the case of non-complian





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