Narain Das vs Mt. Radha Kuar - 1938 Supreme(All) 220

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1938 Supreme(All) 220

MULLA
Narain Das – Appellant
Versus
Mt. Radha Kuar – Respondent

ORDER

Mulla, J. - This is an application in revision u/s 115, Civil P.C., which arises in the following circumstances. The applicant, Narain Das, entered into a contract which has been described as satta, with two persons, namely Gur Dayal Singh and Nathu Singh. Under that contract, Gur Dayal Singh and Nathu Singh agreed to supply a certain quantity of rab to the applicant at a certain price agreed upon between the parties. The applicant paid a sum of Rs. 800 to them as the price of the goods that were to be supplied to him. Gur Dayal Singh and Nathu Singh failed to carry out their part of the contract whereupon the applicant brought a suit to recover the sum of Rs. 800 which he had paid them in the above mentioned circumstances and also a certain amount as damages for breach of contract. The suit ended in a decree for the applicant which was put into execution against Gur Dayal Singh and Nathu Singh. Gur Dayal Singh diod during the pendency of the execution proceeding and his widow, Mt. Badha Kuar, was brought on the record as his representative. She and Nathu Singh are the opposite parties in this case. She made an application to the execution Court in which she prayed that the de

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