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1936 Supreme(Mad) 173

PANDRANG ROW
Lachiram Santhokchand Ameechand Firm by its partner Santhokchand – Appellant
Versus
Tarachand Jayarupji Firm by partner Tarachand – Respondent


JUDGMENT

Pandrang Row, J.

1. This is an appeal from the decree of the District Judge of Bellary dated 7th February, 1933, affirming in appeal the order of the District Munsiff of Bellary dated 8th August, 1932, in E.A. No. 325 of 1932 which was an application for transfer of the decree to the District Munsiffs Court, Gooty, for execution. There was a previous application for transfer of the same decree to the same Court, viz., E.A. No. 274 of 1931 and in that application the judgment-debtor pleaded an adjustment whereby the amount due by him under the decree was agreed to be only Rs. 150 with interest. This agreement or adjustment was denied by the decree-holder. After a partial examination of the judgment-debtor himself in support of his case in August, 1931, the objection was overruled because he did not appear on the adjourned date of hearing and there was an order for transmission of the decree for execution as prayed for. That order was appealed from, and on appeal the matter was remanded for further enquiry.

2. Several adjournments were asked for and given. On the final date, viz., 19th February, 1932, an important witness who the decree-holder wanted to examine in support of hi

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