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1960 Supreme(P&H) 191

I.D.DUA, P.C.PANDIT
Parbati Gangaram Aggarwal – Appellant
Versus
Firm Jai Ram Dass Bhagat Ram – Respondent


Judgment

1. These are three connected appeals (R. F. A. 154 of 1956 R. F. A. 155 of 1956 and R. S. A. 1224 of 1957) which give rise to common questions of law and fact and would therefore be disposed of together. As a matter of fact, in the trial Court also all the three suits were consolidated and disposed of together by one judgment of the learned Subordinate Judge 1st Class Moga. These three suits were instituted under Order 21 Rule 63 Code of Civil Procedure for a declaration that the property in dispute belonged to the plaintiff in each case and that firm Ganga Ram Kishore Chand defendant had nothing to do with the same with the result that this property could not be attached in execution of the decrees against Ganga Ram Kishore Chand.

2. It appears that Jairam Das Bhagat Ram and Inder Singh got attached the properties in dispute in the three suits in execution of their decrees against Ganga Ram Kishore Chand. Lachmi Devi wife of Kishore Chand and Parbati Devi wife of Ganga Ram filed objections under O. 21 Rule 58 Code of Civil Procedure but the executing Court dismissed those objections with the result that the two ladies instituted the three suits mentioned above under Order






































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