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1957 Supreme(All) 151

V.BHARGAVA, BEG
MANMOHAN DAYAL – Appellant
Versus
KAILASH NATH – Respondent


Advocates Appeared:
S.N.KACKAR, Satyandra Nath Verma, SHAMBHU PRASAD

V. BHARGAVA, J.


( 1 ) THIS appeal arises out of proceedings for execution of a decree which was obtained by five persons, Shrimati Bitto, Radhey Shyam, Rameshwar Prasad, Gulley Ram and Bal Govind, on 3rd of April, 1941. The appeal, which was filed against that decree in this Court, was dismissed on 26th November, 1943, and the application for execution of the decree was presented on the 22nd of December 1944. By this time two of the decree-holders, Gulley Ram and Bal Govind, were dead. In their places shrimati Jasoda, widow of Gulley Ram, and Salig Ram, son of Bal Govind, applied for execution as legal representatives of the original decree-holders and sought permission to execute the decree in that capacity. While this execution was still pending, Shrimati Bitto died in the year 1945 and her daughter, Shrimati Naraini Devi, applied for substitution in the execution application. She is now one of the persons executing the decree but, in this appeal, we are not concerned with her at all. Later still, by the year 1953 two other original decree-holders, Radhey Shyam and rameshwar Prasad, died. Thereupon on 6th September, 1953 an application was presented by shrimati Sheo Piari Devi fo







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