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1952 Supreme(HP) 11

CHOWDHRY
Padam Chand – Appellant
Versus
Ram Lal – Respondent


Advocates:
Thakar Das, for Appellants; Tek Chand Chitkara, for Respondents.

JUDGMENT :- This is a defendants first appeal under paragraph 31(b) of the Himachal Pradesh (Courts) Order, 1948, against the judgment and decree of the learned Senior Subordinate Judge of Jubbal, dated 17-1-1951.

2. In execution of a money decree obtained by Jawahar Singh against Mussadi Ram a pronote dated 18 Bhado 1995 B., for Rs.3,040/-, carrying interest at 12 per cent per annum, executed by the said Jawahar Singh and Harsukh Das in favour of the said Mussadi Ram, was attached and purchased in a sale by public auction by Ram Lal on 20 Har 2001 B. About two months later, i.e., on 17 Bhado 2001 B., Ram Lal filed the suit giving rise to the present appeal against the aforesaid executants of the pronote, Jawahar Singh and Harsukh Das, for recovery of Rs.3,040/- principal plus Rs.2,187/- interest at the said rate, totalling Rs.5,227/-, impleading Mussadi Ram as a pro forma defendant. Jawahar Singh died during the pendeney of the suit and his two widows and four minor sons under the guardianship ad litem of one of the widows were brought on record as his legal representatives. Mussadi Ram also died during the pendency of the suit and his son Jai Lal was substituted in his place.

3. Af














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