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1952 Supreme(All) 39

MALIK, MISRA
Newazish Ali Khan – Appellant
Versus
Raja Bhanu Pratap Singh – Respondent


Advocates:
A.P. Nigam and Shafiqur Rahman -for Appellant; Bishun Singh - for Respondent.

Judgement

Malik, CJ. :-There was a decree for a largesum of money passed by the Civil Judge, Lucknow, on 14-8-1933. It was a simple money decree and various attempts were made to execute the decree. Both the judgment-debtor and the decree. holder died and on 10-8-1945, an application was made for substitution of names and for transmission of the decree to the Bahraich Court for execution. The prayer in the application is as follows :

" Jinab Ali sail degreedar mustadai Hai ki awalln hasb O.21 Qaida 16(sic) Zabta Dewani bajai Rani Manraj Kuer degreedar ke sail ka nam ba Zumre degreedar qaim farmaya jawe aur hasb dafa 50 Zabta Dewani bajai Nawab Mohammad Ali Khan Qazilbash madeeun mutwaffi ke warisan qabizan jaidad ashkhash munderja Khata No.9 darkhuast haza ka nam qaim hokar bad hu hasb dafa 39 certificate intaqali banana Civil Judge Sahib Bahadur Bahraich bheja jawe aur mutalba munderje ijrai haza mublikh Rs.36043-7-3 ba izafa kharcha ijra haza wa sud ainda wasul kara diye jawen."

2. Certain objections were filed by the other side and these objections were dismissed by an order dated 23-11-1946. An appeal filed to the Chief Court was dismissed on 11-9-1950. On 12-12-46 a certificate





















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