Girdhar Das vs Triloki Nath - 1937 Supreme(All) 181

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(All) 181

BENNET
Girdhar Das – Appellant
Versus
Triloki Nath – Respondent

JUDGMENT

Bennet, J. - These are three execution first appeals brought by Girdhar Das, against Triloki Nath from three orders dated 20th July 1935, 30th July 1935 and 20th July 1935. The case is in regard to the execution of decrees and whether a set off should be allowed under Order 21, Rule 18 or whether such set off is barred by Rule 16 to an assignee. The decree in question ii Decree No. 45 of 1929, Rajnet v. Nageshar Ram and Triloki Nath. This decree was attached by the appellant Girdhar Dag on 19th January 1934 when over Rs. 5000 remained due on the decree. Girdhar Das has five decrees against Rajnet and it was in execution of one of those decrees that ha attached this decree. The position of Tri, loki Nath is as follows: decree No. 106 of 1928 was held by Mt. Phula Kuar v. Rajnet, and Triloki Nath purchased this decree from Mt. Phula on 3rd April 1935 and a sum of Rs. 751-2-0 remains due on it decree No. 507 of 1932, Moti Chand v. Rajnet was purohased by Triloki Nath on 4th April 1935 and Rs. 409-15-6 remains due on it decree No. 176 of 1928, Binaek v. Rajnet was also purchased by Triloki Nath and Rs. 1745 remains due on it, Triloki Nath claimed that under Order 21, Rule 18 he

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