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1952 Supreme(Mad) 65

B.K.MUKHERJEA, VIVIAN BOSE, S.FAZL ALI
Pannalal – Appellant
Versus
Mst. Naraini, deceased, represented by Hari Parshad and 3 others and Mst, Basso. – Respondent


Advocates:
Gopi Nath Kunzru, Senior Advocate (B.C. Misra, Advocate with him), for Appellants.
Rang Behari Lal, Senior Advocate (N.C. Sen, Advocate with him), for Respondents.

Mukherjea, J. - This appeal is on behalf of the judgment-debtor in a proceeding for execution of a money decree and it is directed against the judgment of a Letters Patent Bench of the Punjab High Court, dated 18th of May, 1949, by which the learned Judges affirmed, in appeal, a decision of a single Judge of that. Court dated 29th October, 1946. The original order against which the appeal was. taken to the High Court was made by the Senior Subordinate Judge, Ambala, in Execution Case No. 18 of 1945, dismissing the objections preferred by the appellants under section 47 of the Civil Procedure Code.

To appreciate the contentions that have been raised in this appeal, it would be necessary to give a short narrative of the material events in their chronological order. On 30th September, 1925, Baldev Das, the father of the appellants, who was, at that time the manager of a joint Hindu family, consisting of himself and his sons, executed a mortgage bond in favour of Mst. Naraini, the original respondent No. 1, and another person named Talok Chand, by which certain immovable properties belonging to the joint family were hypothecated to secure a loan of Rs. 16,000. On 16th April, 1928, the a




































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