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1957 Supreme(Gau) 68

SARJOO PROSAD, G.MEHROTRA
Jagannath Prosad Jayaswal – Appellant
Versus
Ramprosad Jayaswal – Respondent


Advocates Appeared:
R.K.Goswami, S.M.Lahiri, R.C.Choudhary, N.M.Lahiri, N.M.Ganguly, K.P.Bhattacharjee, S.Sharma

SARJOO PROSAD C. J. :

These appeals, which have been preferred by the decree-holder arise out of an execution case-and are directed against an order dated the 24th May,1954, dismissing the execution.

(2) The decree-holder instituted a suit in March, 1948, for recovery of a sum of money against one Prema Lama. During the pendency of the suit, he applied for attachment before judgment of certain movable properties of the defendant and an order of attachment was even­tually made after due notice to the parties on the 7th of July, 1948.

The defendant then furnished security and the present respondents, Dorjay Lama, Rampro­sad Jayaswal, Dalbir Singh Lohar and one Para-suram Datta stood sureties for the said defendant and executed a surety bond making themselves liable for the performance of the decree to the tune of Rs. 25,0087- and undertaking to produce and place at the disposal of the Court the pro­perties specified In the schedule attached to the surety bond for the due performance of any de­cree that might be eventually passed in the suit to the extent indicated above.

In default, the sureties also bound them­selves to pay to the Court the said sum of Rs. 25,008/- or such sum not excee





























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