Madho Prasad vs Pearey Lal - 1921 Supreme(All) 56

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1921 Supreme(All) 56

GOKUL PRASAD
Madho Prasad – Appellant
Versus
Pearey Lal – Respondent

JUDGMENT

Gokul Prasad, J. - The only point raised before me is whether the decree-holders should in execution of their decree proceed against the applicants by an application to the Execution Department, What happened was that the decree-holders put in an application for execution and in execution of the decree certain moveables belonging to the judgment-debtors were attached. They were put in the custody of the petitioners by the Amin, and they executed a security bond on plain paper agreeing to produce the moveables when the Court demanded them or to pay the price thereof. The Amin, who was in charge of the execution proceedings, thereupon left the property with them and filed the agreement executed by them in Court. When the petitioners were asked to produce the property, they stated their inability to do so on the ground that one Khalil, an agent of the judgment-debtors, had taken it away. The applicants, having given an express undertaking to the effect that they would produce the moveables when required by the Court to do so, cannot be allowed to plead that Khalil had taken away the property. The terms of the agreement clearly show that the petitioners made themselves personal

Click Here to Read the rest of this document