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1909 Supreme(All) 182

BANERJI, TUDBALL
Kalyan Singh – Appellant
Versus
Damber Singh – Respondent


JUDGMENT

1. This appeal arises out of an application for the execution of a decree under the following circumstances. One Sri Kishen Das obtained in the year 1902 a decree for possession and costs against several defendants. Possession has been delivered to him but the decree subsists as a decree for costs. Among the numerous defendants against whom the decree for costs was passed was the respondent Dambar Singh. In 1907 he obtained a decree for profits against Sri Kishan Das and in execution of that decree he attached the decree for costs held by Sri Kishan Das to which we have referred above. In his capacity as attaching creditor he has applied for execution of the decree held by Sri Kishen Das and is now seeking to recover the amount of it from the appellant Kalyan Singh who has purchased some property from Ram Chandar, one of the judgment-debtors under Sri Kishen's decree. It is contended on behalf of Kalyan Singh that as Damber Singh is himself a judgment-debtor to the decree which he is now seeking to execute, he is not entitled to take out execution but can only claim contribution from his co-judgment-debtors. This contention does not appear to us to be well founded. By virtu

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