KISHANGOPAL Vs. NATHULAL

JUDGEMENT

(1.) THIS appeal is filed by the Defendant and arises out of a suit for declaration under Order 21, Rule 63, Code of Civil Procedure.

(2.) THE facts of the case are that Respondent 2, Mangilal owned a house in Sarafa Bazar at Ujjain anti held a share worth Rs. 500/ - in the Madh. Bharate Vastra Vitaran Association, Ujjain, Mangilal was indected to several persons including Respondent 1, Nathulal. In the early part of the year 1949 Mangilal got himself heavily involved and finding himself unable to meet the liabilities approached his creditors for settlement. On 15 -7 -1949 he apponinted a committee of five persons described as Niptara Committee (Committee for settlement), by a document which is produced in this case at Ex. P/1. By this document he requested the Committee to arrange to satisfy his creditors from out of his assets in such manner as time committee deemed fit and agreed that he, his Munims and servants would co -operate with them.

(3.) THE proceedings of this meeting are produced at Ex. P/2 and are signed by the creditors who were agreeable to this arrangement. Mangilal agreed to this agreement and endorsed the document in token thereof. In the endorsement he has specifically mentioned that he was handing over all his assets and account books to the committee and again repeated the promise that he and his servants would fully co -operate with the committee.