KANHAIYA LAL BHARGAVA Vs. BANSHI LAL

JUDGEMENT

(1.) The first of these three appeals was filed by a creditor and the other two were filed by non-applicant-debtors against orders passed in certain proceedings under the U. P. Encumbered Estates Act. These were orders on applications for injunction made by certain debtors who had not joined in the application under Section 4 of the Act. The circumstances in which those applications and orders were respectively made and passed would appear from the following.

(2.) The Calcutta High Court in 1936 passed a decree No. 825 of that year, in favour of Pt. Kanhaiya Lal Bhargava and his son, the appellants in appeal No. 278 of 1948, jointly against about 45 persons, descendents of the same ancestor. There had been a suit for partition amongst those persons instituted in 1926 by some of them against the others, in which a preliminary decree was passed the following year and the final decree much later in 1939. In this partition suit, the various persons were arrayed as belonging to different branches, (1) the plaintiff, (2) the Naini branch, (3) the Calcutta branch, (4) the Banaras branch and (6) Baij Nath.

(3.) On 9th September 1935, Baij Nath, one of the defendants in the said suit, and certain others applied under Section 4, Encumbered Estates Act, the case being No. 25 of 1935, without disclosing the debt due to Kanhaia Lal appellants, this being actually disclosed later.