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1930 Supreme(All) 137

Mahant Shanta Nand Gir – Appellant
Versus
Mahant Babudeva Nand Gir – Respondent


JUDGMENT

Grimwood Mears, C.J., Boys and Young, JJ. - One Basudevanand Gir obtained leave to appeal to the Privy Council and on the due date deposited a sum of Rs. 4,000 as security for costs and a further sum for printing charges.

2. On the 2nd of November, 1927, Mr. Newal Kishore, who was the legal practitioner for Shantanand Gir, the respondent to the Privy Council appeal, drafted an application to the Court of the Subordinate Judge at Allahabad in which he prayed that the cash certificates for Rs. 4,000-12-0 and a sum of Rs. 798 110 for printing charges, which had been paid into the High Court by the appellant, might be attached and the amount of the decree may be so far as possible satisfied by attachment thereof. The application came before Mr. Sudeshar Maitra on the 4th of February, 1928. His order was a short one and may be given in full:

The items objected to relate to the printing charges and security furnished by the defendant-objector in connection with his appeal to His Majesty in Council. The decree-holder is anxious to lay his hands on these items too, towards the satisfaction of his decree. No doubt, and it is not disputed, the same belongs to the defendant, but if he w

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