Harohi Kesh vs Ghulam Haider Khan - 1940 Supreme(Oudh) 40

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1940 Supreme(Oudh) 40

Harohi Kesh – Appellant
Versus
Ghulam Haider Khan – Respondent

JUDGMENT

1. This is an appeal under Section 12(2), Oudh Courts Act, against an order passed by our learned brother, Ziaul Hasan J. in an execution of decree appeal. The decree-holder held a decree for money against the judgment-debtor and in execution of that decree applied for attachment of certain sum of money which was in the custody of the Court of Wards, Gonda, to the credit of the judgment-debtor. The order of attachment was passed by the execution Court on 1st July 1936. The Special Manager of the Court of Wards, Gonda, raised certain objections to the attachment but after some correspondence the money was sent to the executing Court on 16th September 1936 under protest. The judgment-debtor made an application under Section 4, U.P. Encumbered Estates Act, on 17th September 1936, and put in an application in the execution Court praying that that Court should not pay the money received from the Court of Wards to the decree-holder but should hold it till it is required by the Collector. This application was presumably made under the provisions of Section 7, U.P. Encumbered Estates Act. The first Court being of opinion that that Section did not apply rejected the judgment-debtor'

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