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1960 Supreme(Raj) 201

B.P.BERI, SARJOO PROSAD
Ramkumar – Appellant
Versus
Hazarimal – Respondent


Advocates Appeared:
M.M. Vyas, for Ramkumar; Shrikishanmal Lodha, for Hazarimal; Chandmal Lodha, for Hansraj and others

SARJOO PROSAD, C.J.—These are connected cases and arise out of the same set of facts and circumstances. They can be, therefore, conveniently disposed of by this judgment.

2. On the 8th of September, 1952, Ramkumar, who is the decree-holder appellant in the miscellaneous appeal, obtained decrees in different suits filed by him against defendants Kanhaiyalal and Hazarimal on the basis of Hundis. These suits were originally instituted in the Court of the Munsif at Sujangarh. On the abolition of that Court the suits were transferred to the Court of Civil Judge, Ratangarh, and later they actually came to be heard by the Court of the Civil Judge, Churu, to which the suits in question were transferred along with a number of other suits. It was the last Court which disposed of those suits and passed the decrees in question. Appeals preferred against the decrees were also dismissed with some modification. Kanhaiyalal, one of the judgment-debtors, preferred a second appeal to this Court. There was no appeal by Hazarimal. The decrees were set aside as against Kanhaiya Lal, but the decrees remained final and effective in so far as the other judgment-debtor Hazari Mal was concerned. The decree-h








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