CHABIRANI BAI Vs. GIRDHARILAL

JUDGEMENT

(1.) This is a second appeal by the plaintiffs arising out of a suit under Rule 63 of Order XXI of the Code of Civil Procedure,

(2.) Plaintiff No. 1, Smt. Chhabirani, is the wife of Ramkar-an (defendant No. 5); while plaintiffs Nos. 2 to 4, viz., Ambika Prasad, Ramesh Chand and Tapesh Chand, are his sons. The plaintiffs are governed by the Mitakshara School of Hindu Law. Defendant No. 1, Mangal Prasad, had filed a civil suit No. 36-B of 1961 in the Court of Civil Judge, Class I, Maihar, against Maniram (defendant No. 2) and Mohanlal (defendant No. 3). During the pendency of that suit, Ramkaran (defendant No. 5) stood surety for defendants Nos. 2 and 3 to get their property released from attachment before judgment. The suit was ultimately decreed on 5-5-1961. On the strength of the surety bond executed by Ramkaran, the decree-holder proceeded to execute the decree by attachment of a double-storeyed house belonging to Ramkaran. The plaintiffs preferred an objection to the attachment on the ground that the house belonged to the joint family; but it was dismissed on 20-1-1964. The house was ultimately sold at an auction-sale and was purchased by Girdharilal (defendant No. 4). Plaintiffs thereupon filed the present suit seeking a declaration that the house was not liable to attachment in execution of the decree.

(3.) The plaintiffs alleged that the judgment-debtors had obtained the surety bond from Ramkaran fraudulently and by exercising undue influence upon him. They further alleged that the house was not liable to attachment as it was part of joint family property. The trial Court decreed the claim of the plaintiffs; but in appeal the learned Additional District Judge, Mandla, set aside the decree of the trial Court and dismissed the suit Being aggrieved thereby, the plaintiffs have filed this second appeal.