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1961 Supreme(Gau) 29

G.MEHROTRA, S.K.DUTTA
Bachhraj Dugar – Appellant
Versus
Lalchand Todi – Respondent


Advocates Appeared:
S.M.Lahiri, S.K.Ghose , P.K.Gupta, N.Sharma, J.P.Bhattacharjee

MEHROTRA, J.:

This appeal arises out of an execution matter. The facts leading upto the present appeal are that Lalchand Todi Plaintiff-respondent No. 1 institut­ed a suit in the court of the Ex-Officio Subordinate Judge at Tezpur against the defendants who are arrayed as respondents Nos. 2, 3 and 4 in the pre­sent appeal, for recovery of money. The plaintiff applied for attachment before judgment of certain movable properties belonging to the judgment-debtors. The court ordered attachment of certain movables in possession of defendant opposite party No. 2 Dhanraj Bhanwarilall. In pursuance of the aforesaid order of attachment the Assistant Nazir seized some bales of cloth valued at about Rs. 10.585/- from his possession. The appellant Bachhraj Dugar was asked by the Assistant Nazir to keep the said properties in his custody. As the defendant opposite parties Nos. 2 and 3 also made the same request to him, the appellant agreed to keep the properties in his godown at Tezpur, where other goods worth about six lakhs of rupees were also stored.

On the 7th May 1956, the appellant signed the bond. The terms of the bond will have to be referred to later. According to the appellant on the 29










































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