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1935 Supreme(Lah) 446

BECKETT
Khazan Chand – Appellant
Versus
Moti Singh – Respondent


JUDGMENT

Beckett, J. - The applicant Khazan Chand obtained a decree for Rs. 4,800 against Moti Singh at Sialkot, on 2nd November 1931. Moti Singh had already obtained a decree at Amritsar against his brother, Gurdial Singh, and three other persons, under which each of the judgment-debtors was to pay him a sum of Rs. 2,500 with interest. In accordance with this decree Gurdial Singh had paid Rs. 2,962 into the Amritsar Court on 3rd December 1930, but the money bad not yet been drawn out by the decree-holder.

2. Khazan Chand applied on 3rd November 1931, to the Sialkot Court for attachment and realisation of his money in accordance with the procedure laid, down in Section 46, Civil P.C., read with Order 21, Rule 52, Civil P.C. A precept was accordingly issued from the Sialkot Court to the Amritsar Court on the 4th November and reached the Amritsar Court on the 5fh November. A correspondence ensued into the details, of which it is unnecessary to enter. It is sufficient to say that the attachment was not finally acknowledged by the Amritsar Court until 10th March 1932.

3. In the meantime Gurdial Singh had obtained a decree, against his brother Moti Singh, dated 28th January 1932, and immed

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