I K MERCHANTS LTD Vs. INDRA PRAKASH KARNANI

JUDGEMENT

(1.) This is an application by the plaintiff decree-holder for execution of the balance amount of the decree dated July 2, 1958, to be realised by arrest and detention in civil prison of the defendant judgment-debtor Indra Prakash Karnani.

(2.) This application was made on December 9, 1971 and a notice was issued by this court under Order 21, Rule 22 (i) (a) and Rule 31 (i) of the Code of Civil Procedure. The judgment-debtor Indra Prakash Karnani has appeared pursuant to the said notice and is opposing this application. Parameswar Santhalia, a Director of the plaintiff company has affirmed an affidavit on December 6, 1971 which is used in support of the application of the plaintiff decree-holder. On January 24, 1972 the judgment-debtor has also affirmed an affidavit denying and disputing the claim for execution of the decree as aforesaid.

(3.) The facts relating to this application are shortly as follows:-- On July 19, 1956, the plaintiff company instituted a suit against the defendant Indra Prakash Karnani as the maker of two Promissory Notes for Rs. 20,000/- and Rupees 57,000/- dated January 27, 1954 and February 10, 1954 respectively, aggregating to the principal amount of Rs. 77,000/- and interest on the said sums amounting to Rupees 7,875/13 calculated upto the date of the filing of the suit. The plaintiff claimed in the suit: (a) Decree for Rs. 84,875/13/-, (b) further interest and (c) costs.