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1959 Supreme(Raj) 206

K.L.BAPNA
CHAUTHILAL – Appellant
Versus
BADRI PRASAD – Respondent


Advocates Appeared:
C.B.Bhargava, P.C.Bhandari

Judgment


K. L. BAPNA, J.

( 1 ) THIS is a first appeal in execution proceedings.

( 2 ) THE respondent firm Badri Prasad Kishori Lal instituted a suit against Chauthi Lal and his son Ramcharan as owners of the firm Chauthi Lal Par-shadilal. The suit was for the recovery of Rs. 7,690/- principal and Rs. 86/8/-as interest, making the total claim at Rs. 7776/8/ -. During the pendency of the suit, the plaintiff informed the Court that he had received Rs. 600/- from the defendants. The trial Court gave a decree for Rs. 7. 178/8/-with full costs and interest to run at 3 per cent p. a, during the pendency of the suit and till satisfaction. According to the decree the amount decreed and the costs came to Rs. 8,075/7/9. The decree-holders filed an application for execution of the decree on 25-2-1947, and wanted execution against Chauthi Lal for Rs. 8,433/1/3 as follows: Amount according to decree Rs. 8,075 7 9 Cost of copies 5 2 6 Present 116153 expenses Interest during 235 79 suit Total. . . . 8,433 1 3 In column No. 4 it was mentioned that there had been no appeal. The defendant in the meanwhile filed an appeal, and the Chief Court of Karauli modified the decree by judgment of 10-5-1947.









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