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1950 Supreme(All) 268

AGARWALA, P.L.BHARGAVA
MANI LAL – Appellant
Versus
GANGA PRASAD – Respondent


Advocates Appeared:
B.S.DARBAR, H.N.SETH, J.Swarup, Shabd Saran

AGARWALA, J.

( 1 ) THIS appeal arises out of restitution proceedings under Section 144, Civil P. C. A preliminary decree for rendition of accounts and dissolution of partnership was passed in favour of Durga prasad against two persons, Mani Lal and Shyam Sunder Lal. Mani Lal was held not liable to render accounts, while Shyam Sundar Lal was held liable to render accounts. Both Shyam sundar Lal and Mani Lal appealed against this decree. Their appeals were dismissed. A final decree was then passed against Shyam Sundar Lal. Before the decree was passed Durga Prasad had applied for attachment of two houses belonging to Mani Lal. An order of injunction was issued against Mani Lal not to sell his share in the houses. But in spite of the order he sold his share in the houses to one Hazari Lal. The sale was, however, a fictitious sale. Against the dismissal of his appeal against the preliminary decree Shyam Sundar Lal filed a second appeal in this Court. This appeal was dismissed but not without making certain modifications in the preliminary decree. On account of these modifications, a fresh final decree had to be prepared, the original final decree was set aside, and a fresh final decree











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