JUGUL KISHORE Vs. GOBARDHAN LAL

JUDGEMENT

(1.) These are two judgment-debtors' appeals arising out of execution proceedings.

(2.) Ram Samp Nanhumal and Madan Mohan Goverdhan Lal filed suit No. 389 of 1934 against Behari Lal and Jugal Kishore for money due on a promissory note in the High Court at Rangoon, and the suit was decreed on Sept 14, 1934. A decree for Rs 21,247/- was drawn up by the Rangoon High Court which granted a certificate on July 23, 1936 to the decree-holders to execute the decree. On October 21, 1936, the decree-holders moved an execution application (Execution Case No. 120 of 1936) before the Court at Kanpur seeking execution of the decree by attachment and sale of two properties, 47/65 Swadeshi Bazar and 48/121 Generalganj, both situate in Kanpur Shortly thereafter an order directing execution was passed upon that application, and on March 12, 1937 proceedings under Order 21, Rule 66 of the C. P. C. were commenced.

(3.) On February 16, 1938 Ram Sarup Nanhumal, one of the decree-holders died and on account of disputes between rival claimants his legal representative was not brought on record until 1943. Meanwhile, on February 26, 1938 the execution application was struck off for want of prosecution. This order was later set aside on appeal and the executing Court was directed to proceed with the execution,