REGENT COMPUTRONICS PVT. LTD.

AKSHOY KUMARI DEBI Appellant

V/S

NALINI RANJAN MUKHERJEE Respondents

Referred Judgements :-

ABDUL AZIZ V. YAKUB ABDUL GANI [REFERRED TO]
SADAY CHANDRA V. PARES NATH [REFERRED TO]
SANKARA NAINAR V. THANGAMMA [REFERRED TO]
KUPPUSWAMI CHETTIAR V. RAJAGOPAL AIYAR [REFERRED TO]
GOUR CHANDRA V. JANARDAN PRASAD [REFERRED TO]
M. KANNAN V. P. AVVULLA HAJI [REFERRED TO]
GHANAYALAL V. PUNJAB NATIONAL BANK [REFERRED TO]
JAGDEO NARAIN SINGH V. RANI BHUBANESWARI KUER [REFERRED TO]
MAHOMED BHAI V. DAWOOD BHAI CO. [REFERRED TO]
NATHMAL MATHURADAS V. BALKRISHNA GANGABISAN [REFERRED TO]
GOPAL PARSHARAM NAMJOSHI VS. DAMODAR JANARDAN BHAGWAT [REFERRED TO]
SREENATH CHAKRAVARTI VS. PRIYANATH BANDOPADHYA [REFERRED TO]
BIRDICHAND DHONDIRAM MARWADI VS. BADESAHEB BAHAMIYA [REFERRED TO]
CHATHANGALI RARICHAN VS. PUVVAMMPARAMBATH KUNHAMU [REFERRED TO]
VALLABHDAS NARANDAS VS. KANTILAL GPAREKH [REFERRED TO]
GOPAL SHANKAR JAHAGIRDAR VS. RAISING PREMJI GOTIVALA [REFERRED TO]
AMAR KRISHNA CHAUDHURY VS. JAGAT BANDHU BISWAS [REFERRED TO]
PITAMBAR JANA VS. DAMODAR GACHAIT [REFERRED TO]
ABDUL RAFI KHAN VS. MAULA BAKHSH [REFERRED TO]
PARMOTHA NATH DAW VS. HABU MIA [REFERRED TO]
SATYANARAYAN BANERJI VS. KALYANI PROSAD SINGH DEO BAHADUR [REFERRED TO]
RAMCHANDRA VS. UKA [REFERRED TO]

JUDGEMENT

(1.) This is an appeal by the decree-holder against a decision of our learned brother Chunder J.

(2.) The facts of the case were not fully placed before this Court We have therefore to state those facts in some detail.

(3.) On 23rd March 1942, the appellant obtained a decree in the Presidency Court of Small Causes, 4th Court, against Rati Kanta Mukherji for a sum of Rs. 1127-10-9. It appears from the order sheet which is on the record that there was an attachment before judgment on 6th March 1942 which was confirmed by the Court. On 18th June 1942, the attached properties were released from attachment and the order of that date goes on to state that the execution case was dismissed. On some date which it is not possible for us to discover from the records but prior to June 1944, the sole judgment-debtor Rati Kanta Mukherji died. He was survived by his widow and four sons, Nalini Ranjan Mukherji, Anil Krishna Mukherji, Ranjit Kumar Mukherji and Sailen Mukherji the latter two being minors. On 26th June 1944 the decree-holder made an application which purports to be one for execution of the decree passed on 23rd March 1942. In Column 9 of the application which is headed as "Mode in which the assistance of the Court is required" the following statement occurs ;

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AKSHOY KUMARI DEBI Vs. NALINI RANJAN MUKHERJEE

Referred Judgements :-

JUDGEMENT

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