YOGESH SHARMA Vs. DEVI DAYAL

JUDGEMENT

(1.) The decree-holders have obtained a decree against the judgment-debtors for Rs. 9,975 and costs of the suit. The total sum due under the decree is Rs. 11,725.75. This decree was passed on January 9, 1973, by the Subordinate Judge. Then the decree-holders made an application for execution of the decree. Subsequently the execution case was transferred to this court.

(2.) Manohar Lal Jain executed a promissory note on which a suit was brought against him under Order XXXVII of the Code of Civil Procedure. During the pendency of the suit Manohar Lal died on January 24, 1971. His legal representatives five sons and a daughter were brought on the record of the suit in place of the defendant Manohar Lal. The suit continued. In the end a decree was passed against the legal representatives of Manohar Lal.

(3.) Manohar Lal was the owner of house No. 4738 situated at 23, Ansari Road Darya Ganj, New Delhi. The decree-holders have attached that house in execution of the decree. The legal represen- tatives of Manohar Lal made an application on April 12, 1974 that the house be released from attachment as it was exempt under the provisions of Section 60 (ccc) of the Code of Civil Procedure.