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1953 Supreme(Nagpur) 7

DEO, MANGALMURTI, MUDHOLKAR
BADRIBISHAL BHAGULAL GUPTA – Appellant
Versus
MISHRILAL KARNIDAN OSWAL – Respondent


Advocates Appeared:
K S Misra, T M Chande, Advocates

JUDGMENT

Mudholkar, J—This is an application for revision of an order passed in execution of a decree of a Court of Small Causes against the Applicant as surety of the judgment-debtor Ramlal who is non-Applicant No. 2 to this application.

2. The non-Applicant No. 1 sued the non-Applicant No. 2 for recovery of a sum of Rs. 160/-. The non-Applicant No. 1 filed an application on the 31st August 1946 under Order XXXVIII, Rule 1 of the Code of Civil Procedure alleging that the non-Applicant No. 2 was disposing of his property and was about to leave the local limits of the jurisdiction of the Court with intent to obstruct realisation of the claim of the non-Applicant No. 1, if decreed, and prayed for the issue of a warrant of arrest of the non-Applicant No. 2. The Court granted the application and directed the issue of a warrant of arrest for the production of the non-Applicant No. 2 in Court to show cause why he should not furnish security for appearance. The Order also provided that if the non-Applicant N. 2 deposited the amount he may not be arrested. In the warrant a note appears to have been added providing an option to the non-Applicant No. 2 either to de' posit Rs. 160/- in cash or


















































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