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1962 Supreme(Raj) 25

BERI, BHANDARI
Anopchand – Appellant
Versus
Hirachand – Respondent


Advocates Appeared:
Hasti Mal, for Applicants; Guman Mal Lodha, for Respondents

BHANDARI, J.—These two miscellaneous execution appeals are connected cases and arise under the following circumstances:—

Heera Chand and Mst. Umrao Kanwar filed a suit for the sale of the mortgage-property against Mishirimal and obtained a preliminary decree on 5.7.57. They had also obtained another decree for Rs. 2160/13/-on 20.8.54. Before they obtained a preliminary decree on the Mortgage-debt, it is alleged that they had assigned the mortgage-debt along with the decree of Rs. 2152/13/- to Pukhraj and others (hereinafter called the assignees). Heera Chand and Mst. Umrao Kanwar (hereinafter called the asssignors) got the final decree in the mortgage-suit on 11.3.58. Before that on 19.10.57 the assignors had also assigned both the decrees to the assignees. Mishrimal had filed a suit against the assignors in the Court of District Judge, Balotra, on 20.9.1957. That suit was decreed on 31.5.58 and the decree for Rs. 17083.12 nP. was passed in favour of Mishrimal against the assignors. Mishrimal applied for the execution of his decree dated 31.5.58 and prayed for the attachment of the decrees dated 11.3.58 and 20.8.54 obtained by the assignors and further prayed that these decrees bein














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