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1960 Supreme(Raj) 44

SARJOO PROSAD, CHHANGANI
Th. Amar Singh – Appellant
Versus
Gulab Chand – Respondent


Advocates Appeared:
D.P. Gupta, for appellant; R.P. Goyal, for respondent

Chhangani, J.—This is an appeal by Amarsingh under Sec. 96 read with Sec. 47 C.P.C. against the order of the District Judge, Jaipur City, dismissing his objection in an execution sase.

2. The relevant facts are briefly as follows :—

Seth Anantram Vijalal, the predecessor-in-interest of the present respondent obtained a decree for Rs. 19,080/7/3 against Thakur Kishan Singh of Patoda from the Dewani Adalat of the former Jaipur State on 5th November, 1948. After the death of the original judgement-debtor Kishan Singh one Jagatsingh, Jagirdar of Patoda was substituted as the legal representative of the original judgment-debtor on 10th of August, 1927. As the judgement-debtor was a Jagirdar, proceedings for satisfaction of the decree had to be taken in the Bachat department of the former Jaipur State. After the promulgation of the Code of Civil Procedure in the integrated State of Rajasthan, the proceeding in the Bachat department came to an end on 25th of January, 1950. Gulabchand respondent, the successor of the decree-holder, thereafter on 26th of may, 1951 took out execution proceedings against the appellant Amar Singh treating him as the legal representative of the judgmet-debtor. A



























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