MADANLAL DHARIWAL Vs. BHERULAL

JUDGEMENT

(1.) In O.S. No. 662 of 1954 on the file of the Munsiff at Kolar Gold Fields a suit was brought by a certain Madanlal, who was then a minor, by his next friend, his mother, against his two brothers for the recovery of a certain sum of money said to be due to the plaintiff. A decree was made in that suit in favour of the plaintiff and that decree directed the realisation of the amount of the decree by the sale of the joint family properties belonging to the two defendants in that suit. During the pendency of the suit the plaintiff had secured an attachment of certain properties. After the termination of the suit defendant-2 in the suit, presented an application under section 47 of the Code of Civil Procedure for an Order that the properties attached should be released from attachment. In support of that application the assertion made by that Defendant was that the suit properties were his separate properties not liable to be proceeded against in execution of the decree made against him. The Munsiff allowed that application and directed the release of the properties from attachment.

(2.) Thereafter a suit was brought in O.S. No. 563 of 1958 in the same court under the provisions of Rule 63 of Order XXI of the Code of Civil Procedure for getting rid of the Order made on the application presented by defendant-2 in that previous suit. That defendant was the only defendant in the later suit and he will be referred to as the defendant in the course of this Order.

(3.) When the second suit was brought, the plaintiff was still a minor. He was described in the plaint in the following way: