KRISHNA KUMAR Vs. BRIJBASI LAL

JUDGEMENT

(1.) This is a second appeal by the judgment-debtors against an appellate decree of the learned District Judge of Farrukhabad.

(2.) It appears that firm Banarsi Das Durga Prasad (hereafter described as decree-holders) obtained in 1932 a decree against the following two sets of defendants, namely--(1) Ram Ratan and his brothers and (2) Krishna Kumar, Murli Manohar and their aunt, Shrimati Javitri.

(3.) On 31-10-1936, Ram Ratan and his brothers made an application under Section 4, Encumbered Estates Act. Krishna Kumar and Murli Manohar were impleaded as parties to those proceedings. For reasons, which do not appear on the record, Shrimati Javitri was not impleaded as a co-debtor. On 25-8-1943 the Special Judge apportioned among the debtors the debt due to the decree holders. Sam Eatan and his brothers were found liable to pay a half share of the decretal amount and Krishna Kumar Murli Manohar were held liable to pay the remaining half. Since Shrimati Javitri was not a party to those proceedings, she was not saddled with liability to pay any portion of the decretal amount.