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1970 Supreme(Raj) 99

JAGAT NARAYAN, R.D.GATTANI
Laxmi Narain – Appellant
Versus
Firm Ram Kumar Suraj Bux – Respondent


Advocates:
C.L. Agarwal and R.S. Kejriwal, for Laxmi Narain; M.C. Bhandari, for Smt. Bhanwarani, Nihal Kumariji, Hemender Singh, Prakaram Singh, Lalit Kumari and Nirmala Kumari Legal Representatives of Samar Singh, R.K. Rastogi and J.S. Rastogi for Firm Ramkumar Suraj Bux.

Judgement

JAGAT NARAYAN, C.J. :- These three appeals arise out of a suit filed under Section 73(2), Civil P. C. by firm Ram Kumar Suraj Bux, against Laxmi Narain, Smt. Surya Kumari and the legal representatives of Samar Singh which was decreed in part by the Senior Civil Judge No. 1, Jaipur City.

2. The plaintiff firm Ram Kumar Suraj Bux as well as Samar Singh. Smt. Surya Kumari and Laxmi Narain, defendants obtained decrees against one Shiv Behari Tewari from different courts and put them into execution. The amounts of the decrees at the time of execution were as follows : -

Court Amount of decree

1. Plaintiff Senior Civil Judge, Jaipur 1,68,033.00

2. Samar Singh District Judge, Bhilwara 38,667.62

3. Laxmi Narain Senior Civil Judge, Jaipur 1,79,009.00

4. Smt. Surya Kumari Civil Judge, Shahpura (Bhilwara)

8,520.00

3. Shiv Behari Tewari worked as a contractor in the Irrigation Department. Payment of Rs. 57,509/- was to be made to him by the Executive Engineer (Irrigation), Kankroli. Kankroli is situated within the jurisdiction of District Judge, Udaipur. This payment was sanctioned by the Chief Engineer on 26th March, 1958. The decree-holders got prohibitory orders served on the Executive Eng































































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