LAWS(CAL)-1971-8-13

KESHAV DEO TULSHAN Vs. JAGADISH PRASAD TULSHAN

Decided On August 30, 1971
KESHAV DEO TULSHAN Appellant
V/S
JAGADISH PRASAD TULSHAN Respondents

JUDGEMENT

(1.) This is an application for an order, inter alia, for stay of all further proceedings relating to and/or arising out of the ex parte decree dated March 28, 1964, passed in Suit No. 2678 of 1953 including the pending reference in respect thereto and/or for stay of further operation of execution of the said decree. In the alternative, an order of injunction has been prayed for restraining the defendant, his servants and agents from taking any further or other steps in execution of the ex parte decree dated March 28, 1964 passed in Suit No. 2678 of 1953 and/or from proceeding with or continuing the said pending reference thereunder.

(2.) This case has a very long history behind it.

(3.) The suit being Suit No. 2678 of 1953 (Jagadish Prasad Tulshan v. Keshav Deo Tulshan and another) was instituted against the petitioner and against one Bharat Fire & General Insurance Limited. The said Jagadish Prasad Tulshan being a minor instituted the said suit through his next friend and the certificated guardian by the name of one Puranmall Jaipuria. The certified guardian was appointed under the Guardians and wards Act, 1890 some time in June 1950.