BHAGWATI PRASAD BAJPAI Vs. JAI NARAIN HANUMAN DAS

JUDGEMENT

(1.) This execution second appeal arises in the following circumstances: Firm Jai Narain Hanuman Das had obtained a decree against firm Hira Lal Bajpai and others on 22-5-1942 in suit No. 147 of 1940 from the court of the Munsif, Kanpur. On 23-11-1942, the decree-holder firm filed an execution application seeking execution of the decree passed in its favour against some money which had been deposited by (sic. in favour of) the judgment-debtor, firm Hira Lal Bajpai and others, in the court of the insolvency Judge, Bara Banki. It appears that firm Hira Lal Bajpai and others, the judgment-debtor, was itself a creditor of Devi Dayal and others. The amount payable by Devi Dayal and others to firm Hira Lal Bajpai and others being outstanding, firm Hira Lal: Bajpai and others made an application, numbered as Insolvency Case No. 31 of 1939, against Devs Dayal and others in the court of the Insolvency Judge, Bara Banki presumably to have them declared insolvents. During the pendency of that insolvency application, Devi Dayal and others had deposited Rs. 15,000/- on 21-4-1942 in the insolvency court in order that the claim of Hira Lal Bajpai and others against them might be satisfied. This was the sum against which firm Jai Narain Hanuman Das, the decree-holder in the present execution appeal, sought execution of its decree, when the said decree-holder firm made its execution application on 23-11-1942. The prayer contained therein was as follows:

(2.) The execution court, upon this application (numbered as execution case No. 419 of 1942) sent an order of attachment to the Insolvency court and thereafter had a notice sent to the judgment-debtor, firm Hira Lal Eajpai and others, which notice was served on it.

(3.) It appears that thereupon certain parties Interested in the insolvency proceedings (not firm Hira Lal Bajpai and others) preferred an appeal to the Chief Court, Oudh against some order of the Insolvency Judge which affected this sum of Rs. 15,000/-. The executing court thereupon directed the application dated 23-11-1942 of firm Jai Narain Hanuman Das to be consigned to the record room, permitting the said firm to have it revived when the appeal in the Chief Court was decided. This consignment order was passed on 13-2-1943.