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1971 Supreme(Raj) 122

R.D.GATTANI
RAMESHWAR LAL AMAR CHAND CHOUDHARY – Appellant
Versus
COMMERCIAL CO-OPERATIVE BANK LTD. , AJMER – Respondent


Advocates Appeared:
D.P.GUPTA, R.C.Jain, R.S.Purohit, S.K.KESHOT

Judgment


R. D. GATTANI, J.

( 1 ) THIS execution second appeal has been filed by one of the surety judgment-debtor and arises out of the following circumstances:-

( 2 ) ON 6-1-1946 an award in connection with a mortgage was given by an arbitrator against respondent No. 2 Trijugi Narain, principal debtor and the appellant Shri Rameshwar Lal and respondent No. 3 Suraj Narain as sureties in favour of respondent No. 1 the Commercial Cooperative Bank Ltd. , Ajmer (now in liquidation ). The award was for Rs. 7,769/7/-, which included the principal amount of Rs. 7,633/14/ -. The rate of the interest was 5 1/4 per cent per annum. The amount was to be realised by the sale of the immovable properties mentioned in the mortgage-deed and other properties of the main judgment-debtor and if the whole amount was not recovered from the properties of the judgment-debtor, the residue was to be recovered from the moveable and immovable properties of the two sureties.

( 3 ) EVENTUALLY the decree-holder filed the fourth execution application for the recovery of Rs. 9,096/8/- on 27-3-1957. In Column No. 10 of the application it was prayed that the amount may be realised by,-

(a) attachment of the movable































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