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1959 Supreme(All) 137

V.G.OAK
CHOUDHARY RAGHUNANDAN SINGH – Appellant
Versus
NARAIN DAS BAL KISHUN DAS – Respondent


Advocates Appeared:
KESHAVA PRASAD SINGH, Krishna Shankar, RAM SURAT SINGH

V. G. OAK, J.

( 1 ) THIS revision application by a decree-holder arises out of execution proceedings.

( 2 ) RAGHUNADAN Singh obtained against Bachan a decree from the Court of the Munsif (City), banaras for Rs. 5,000 and odd in September 1955. The decree-holder applied to the Court of the civil Judge, Banaras for execution of the decree, apparently on the ground that the then Munsif (City), Banaras had no jurisdiction to try a suit of the valuation of Rs. 5,000. The decree was transferred to the Collector of Banaras for execution, as landed property was involved.

( 3 ) FIRM narain Das Balkishun Das obtained against Bechan a decree from the court of Munsif (City), Banaras in 1953 for a sum of Rs. 4,000 and odd. Narain Das Balkishan Das applied to the learned Civil Judge of Banaras on 16-4-1957 for execution against Bechan judgment-debtor by way of rateable distribution in the assets received in Raghunandan Singhs decree No. 240 of 1955.

( 4 ) THIS application for execution and rateable distribution by Narain Das Balkishan Das was opposed by Ragunandan Singh. Raghunandan Singhs objection was overruled by the learned civil Judge, Banaras by his order dated 3-2-1958. This revision is d





















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