GAINDA LAL Vs. RAM SINGH

JUDGEMENT

(1.) A suit was filed under the provisions of Order 21, Rule 63, Civil P. C. , by the plaintiffs whose father had preferred an objection to the attachment of the house in suit in connection with a decree' obtained by defendant 1 as against defendant 2 in another suit No. 1455 of 1948, for Rs. 406/1/. The objection had been disallowed by the execution Court. The plaintiffs prayed for a declaration that they are the owners of the whole house or, in the alternative, of half the house. The suit was valued at Rs. 203/0/6 being half the amount of the decree (in connection with which execution had been sought) for the purpose of court-fee, and at Rs. 10,000/-, the market value of the house, for purposes of jurisdiction.

(2.) ALONG with the plaint, the plaintiffs made an application for issue of an 'interim' injunction restraining defendant 1 from executing the said decree against defendant 2 by sale of the house in suit. Notices were issued on this application and defendant 1 filed an objection to the 'ad interim' injunction granted and the application came up for final disposal. Defendant 1's objection was dismissed. The application for injunction was allowed and the sale of the house in execution of the decree was stayed. Defendant 1 has preferred this appeal.

(3.) THE learned Civil Judge granting the injunction rejected the argument of defendant 1 that the suit was not properly filed in the Civil Judge's Court but should have been filed before the learned Munsif. On the merits, the learned Civil Judge was of the view that the decree being only for a sum of Rs. 406/1/- while the house, according to the allegation, being of the value of Rs. 10,000/-, the stay would not operate to the prejudice of the decree-holder in any way.