KUNDAN SINGH Vs. SURAJ PRAKASH AND OTHERS

JUDGEMENT

(1.) This is an appeal by Kundan Singh, plaintiff, against the order dated 14-2-1963 of the District Judge of Bijnor accepting the office report regarding deficiency in court-fee and directing the appellant to make good the deficiency in court fee.

(2.) THE trial court decreed the plaintiffs suit for a sum of Rs. 9,177, but at the same time directed that the decree shall be against the assets of Kishori Lal deceased in the hands of the defendants. The plaintiff challenged only that part of the decree by which the decree could be executed against only such assets of the deceased as had come in the hands of the defendants. His case is that the decree could be executed against all the properties belonging to this joint family.

(3.) IF mere observations in the decisions of the Oudh Chief Court and the Allahabad High Court are considered, it can be said that there exists a conflict in these decisions, but the observations must be read along with the facts of the case. High Courts never lay down the law to be applicable to cases irrespective of what their facts may be.