SHEO PERSHAD Vs. JAI NARAIN PERSHAD

JUDGEMENT

(1.) This is an Execution First Appeal directed against the order of the Commercial Subordinate Judge dated 21st October, 1965. The only question raised in this appeal is. as to whether the application for execution, which has led to this appeal was moved within time.

(2.) The facts giving rise to the controversy may be shortly stated. A suit was instituted by Jai Narain Pershad for the dissolution of a partnership firm known as Messrs. Jiwan Lal Jai Narain Pershad. A preliminary decree for dissolution and accounts was passed in August, 1947 and a Local Commissioner was appointed. On 18th January, 1949 a final decree relating, to the accounts of the partnership was passed and a decree for Rs. 24,446-13-9 was passed in favour of Jai Narain Pershad one of the plaintiffs against R. S. Chiranji Lal & Sons. A decree for Rs. 39,470-11-6 was also passed at the same time and by the same final decree in favour of R. S. Chiranji Lal & Sons against one Jiwan Lal Shinglu. Some other smaller decrees and other orders and directions were also included in the final decree. Though the details of the same need not be set out at length.

(3.) An appeal was filed by Jiwan Lal Shinglu in the Punjab High Court. The claim in the appeal was that the decree, as far as Jiwan Lal Shinglu was concerned, should be reversed. The said appeal was R.F.A. No. 72 of 1949, which was decided by the Punjab High Court on 8th December, 1959. It is important to mention that the only claim in that appeal was that the decree for Rs. 39,470-11-6 passed against Jiwan Lal Shinglu should be reduced by Rs. 30,649-2-3. There was no challenge, as far as one can find from the record of the case and the grounds of appeal in the Punjab High Court, to the decree in favour of Jai Narain Pershad. Cross-objections were filed in this appeal by some of the respondents, who were also partners in the firm R. S. Chiranji Lal & Sons, claiming an enhancement of Rs. 9,600.00 alongwith future .interest to the decree against Jiwan Lal Shinglu. This claim was restricted only to the interest which had been disallowed by the trial court while decreeing the claim of R. S. Chiranji Lal & Sons against Jiwan Lal Shinglu. The judgment of the Punjab High Court dated December 8, 1959, which is on record shows that Jiwan Lal Shinglu's appeal was partly accepted and the decree against him was reduced by Rs. 24,517-8-0. The judgment of the High Court directed further that the decree would be drawn up after, the appellant, Jiwan Lal Shinglu had made up the deficiency of court-fees, it appears that after this a stamp of Rs. l,485.00 was furnished to the Court on 25th September, 1961.