MITHAN LAL Vs. THANA

JUDGEMENT

(1.) These are two appeals by a judgment-debtor arising out of execution proceedings.

(2.) Ganga Prasad and Premraj filed suit No. 65 of 1949 against Mithan Lal, the present appellant, which suit was dismissed on November 30, 1950. An appeal by the plaintiffs was allowed on July 30, 1951, when their suit was decreed by the lower appellate court. Against the decree of the lower appellate court Mithan Lal preferred an appeal to this Court. On September 19, 1951, meanwhile, the decree-holders applied for execution of the dacree of the lower appellate court, but these execution proceedings were stayed during the pendency of Mithan Lal's appeal in this Court. That appeal was dismissed by this Court on December 19, 1954.

(3.) It appears that on December 27, 1951 when the execution application was pending, the original decree-holders sold the decree under execution to Thana. Thereafter on February 15, 1955, an application was made by Thana for being substituted in place of the original decree-holders. This application was allowed on May 5, 1955. The execution application was, however, dismissed for default on August 16, 1955. An application for review of the order dated May 5, 1955, allowing Thana's substitution was allowed and the substitution application was also dismissed on August 17, 1955. The first execution application having been dismissed, Thana filed a fresh execution application on August 25, 1955, along with a substitution application. This application was numbered as Miscellaneous Case No. 148 of 1955 and has given rise to the present Execution Second Appeal No. 2849 of 1959. An objection was filed by Mithan Lal which was numbered as Miscellaneous Case No. 157 of 1956 giving rise, to the present execution Second Appeal No. 2850 of 1959. The executing court allowed Thana's substitution application and dismissed Mithan Lal's objection. Mithan Lal consequently filed two appeals, but these were also dismissed by the learned District Judge, Bulandshahr. Mithan Lal now appeals to this Court.