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1941 Supreme(All) 75

DAR
Firm Surajbali Ram Harakh – Appellant
Versus
Mohar Ali – Respondent


JUDGMENT

Dar, J. - Firm Surajbali Ram Harakh instituted a Suit No. 437 of 1933 in the Court of Munsif of Bansi for recovery of a sum of money against Munishwar Kolapuri and others. During the pendency of the suit, on the application of Firm Surajbali Ram Harakh, the Munsif of Bansi, on 12th May 1933 passed an order of attachment before judgment, of certain immovable property owned by Munishwar Kolapuri and others. This property was situated outside the jurisdiction of the Munsif of Bansi. Accordingly a request was made by the Munsif of Bansi to the Munsif of Gorakhpur, within whose jurisdiction the said property was situated, to attach the property and on 21st May 1933 the Munsif of Gorakhpur carried out the attachment. After the attachment and in due course the suit was tried by the Munsif of Bansi and resulted in a decree in favour of Firm Surajbali Ram Harakh who after obtaining the decree proceeded to execute the decree against the property which had already been attached. In this they were resisted by Mohar Ali Khan and others who claimed to have purchased the property under a sale deed dated 3rd October 1934, executed by Munishwar and others and one Gopi who was not a party to

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