MALPANI BROTHERS Vs. RAMJIDAS SYAMLAL SABOO

JUDGEMENT

(1.) This matter appears before me in the following circumstances :

(2.) On 29-6-1984 the Plaintiffs obtained a decree as against the Defendants. It is a money decree. The Plaintiffs obtained a warrant of attachment on 5-12-1984 and they lodged the same in the Office of the Sheriff on 14-1-1985. On 24-1-1985 the warrant was sought to be levied. At that time, the Judgment-Debtor offered to settle the Plaintiffs' claim. Hence the warrant was not levied. Thereafter, the warrant was returned unexecuted to this Court, after the expiry of a period of one year with the remark "Time expired, the warrant is returned unexecuted upon the defendants." It appears that the Judgment-Creditors (i.e., the Plaintiffs) recovered a sum of Rs. 1 Lakh during this period i.e., to say 15-2-1985 and 3-8-1985.

(3.) Thereafter since the Defendants were not paying any further amount, the Plaintiff's Advocate filed a precipe dated 30-7-1986 for entering part satisfaction. The Office wanted the Plaintiffs to produce a "poundage certificate." Thereupon, the Plaintiffs applied to the Sheriff on 23-9-1986 for issue of such a certificate as provided under Rule 476 of the High Court Original Side Rules. The Sheriff then demanded his poundage, which the Plaintiffs thought they were not bound to pay. Thereupon the Sheriff made a report dated 16-10-1986 to this Court, seeking directions of the learned Judge. This is how this matter has appeared before me.