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1958 Supreme(P&H) 136

I.D.DUA, D.FALSHAW
Punjab Co-operative Bank Ltd. – Appellant
Versus
L. Bikram Lal – Respondent


Judgment

Bishan Narain, J.

1. It will be convenient to deal with Execution first Appeal No. 47 of 1951 and Execution First Appeal No. 48 of 1951 together as the points involved in both the appeals are the same.

2. The facts out of which Execution First Appeal No. 47 of 1951 has arisen are these. The Punjab Co-operative Bank Ltd.. obtained a mortgage decree for Rs. 30,0007- against Piare Lal on 31-8-1930 from the Court of the Additional District Judge Lahore. The Bank obtained an order from the Lahore Court for transfer of the decree to Feroze-porc under Section 39, Civil Procedure Code. The Bank then applied to the Court of the Senior Sub-Judge Ferozepore for execution of that decree on 22-4-1943 and it was dismissed on 18-6-1943 after partial satisfaction. The Bank then applied again on 3-1-46 for execution of the decree but this time the application was made against the legal representatives of the Judgment-debtor as Piare Lal had died in the meanwhile. This application was also dismissed on 7-2-1947 and on the same date a fresh application was made for realisation of Rs. 8,824/12/4 as balance due under the decree. The legal representatives filed objections on 20-5-1947 urging int
































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