RAGHURAJ SINGH Vs. MURARILAL

JUDGEMENT

(1.) This appeal and Civil Revision No. 1402 of 1953 have been filed by the judgment-debtor, Raj Bahadur Chaudhari Raghuraj Singh, while the connected Appeal No. 301 of 1953 has been filed by the decree-holders Murari Lal and others.

(2.) The judgment-debtor's appeal and revision both arise out of the same order of the Civil Judge, Bulandshahr, Sri S. Ibad Ali, dated 13th November, 1953, dismissing the objections of the judgment-debtor registered as Misc. Case Nos. 37 of 1953 and 38 of 1953, while the appeal filed by the decree-holders arises out of an order of the same Civil Judge dated 23rd May, 1953.

(3.) The facts out of which these three cases arise are that Murari Lal and others or their predecessor decree-holders, filed a suit on the basis of a promissory note and were given a decree for a sum of Rs. 2,71,338/8/6 with proportionate costs payable in 20 instalments of six months each. This amount was later reduced by this Court by about Rs. 4,000/-. The decree also contains a clause that the pendente lite and future interest shall be payable in 21st instalment if the amount did not exceed Rs. 20,000/- or in two instalments of six months each if the amount exceeded Rs. 20,000/-. The first instalment was payable in November 1938 while the remaining instalments were payable on 31st July and 31st December in each subsequent year. The decree also contains a default clause inasmuch as the whole amount was to fall due if the judgment-debtor made a default in payment of three instalments. The decree also Created a charge on 18 villages mentioned in the decree.