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1963 Supreme(All) 69

R.S.PATHAK
MITHAN LAL – Appellant
Versus
THANA – Respondent


Advocates Appeared:
K.C.Agarwala, NARENDRA KUMAR

R. S. PATHAK, J.


( 1 ) THESE are two appeals by a judgment-debtor arising out of execution proceedings.

( 2 ) GANGA Prasad and Premraj filed suit No. 65 of 1949 against Mithan Lal, the present appellant, which suit was dismissed on November 30, 1950. An appeal by the plaintiffs was allowed on july 30, 1951, when their suit was decreed by the lower appellate court. Against the decree of the lower appellate court Mithan Lal preferred an appeal to this Court. On September 19, 1951, meanwhile, the decree-holders applied for execution of the dacree of the lower appellate court, but these execution proceedings were stayed during the pendency of Mithan Lals appeal in this court. That appeal was dismissed by this Court on December 19, 1954.

( 3 ) IT appears that on December 27, 1951 when the execution application was pending, the original decree-holders sold the decree under execution to Thana. Thereafter on February 15, 1955, an application was made by Thana for being substituted in place of the original decree-holders. This application was allowed on May 5, 1955. The execution application was, however, dismissed for default on August 16, 1955. An application for review of the order dated










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