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1953 Supreme(Raj) 6

RANAWAT, DAVE
Khemchand – Appellant
Versus
Niranjanlal – Respondent


Advocates Appeared:
J.P. Jain, for Applicants; C.L. Agrawal, for Opposite parties

Ranawat, J. —This is a revision application under sec. 115 C.P.C. by Khemchand and others against Niranjanlal and others which has been directed against an order of the District Judge, Alwar, of the 19th of April 1949. The facts of the case are that Khemchand and others held a decree against Swami Laxminarain and others of the date of 2nd August 1928 for Rs. 17,400/- with future interest at the rate of five annas per cent per month payable in instalments. The last execution application was filed by the decreeholders on the 9th of January 1948 for the recovery of Rs. 2996/- and it was prayed that this amount be collected by transfer of the proprietory interests of the judgment-debtors in their lands. 25th of February 1948 was fixed for consideration of certain objections filed by the judgment debtors and for receiving their evidence. On that date the case could not be taken up as a holiday was declared by the Government. The District Judge took up the case on the next date i.e., 26th February 1948. The judgment-debtors were present but the decree-holders failed to appear. The District Judge, therefore, dismissed the execution application stating that it should be deemed to have been












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