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1972 Supreme(Raj) 157

B.P.BERI, M.L.JOSHI
SAHIB ZADA ADBUL BAIS KHAN – Appellant
Versus
BUDH SINGH BAPNA – Respondent


Advocates Appeared:
C.L.AGARWAL, M.B.L.Bhargawa, N.M.KASLIWAL, S.M.MEHTA

Judgment


B. P. BERI, J.

( 1 ) ON the basis of a promissory note dated 6-6-1963 Seth Budh Singh Bapna instituted a suit against Sahibzada Abdul Bais Khan of Tonk. During the pendency of the suit on 30-5-64 the plaintiff moved two applications. One was for attaching before judgment the Khandan allowance payable to the defendant and the other was to restrain the defendant from receiving the said allowance from the Collector. Tonk. and the Collector from disbursing it. The learned Civil Judge passed an ex parte order restraining the defendant from receiving and the Collector from disbursing the amount to the extent of Rs. 60,000/ -. Let us recall the exact words of the restraint order because its disobedience is an important question for decision. . . (VERNACULAR MATTER OMMITED ). . The order was served on the defendant on 2-7-1964. On 5-10-64 the defendant appeared and contested the application saying that the plaintiffs move was vexatious and that the Khandan allowance was not attachable.

( 2 ) AGAINST the order of the learned Civil Judge an application by way of revision was also filed which is No. 232 of 1965, which we shall dispose of by this judgment.

( 3 ) WHILE the matter was



















































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