RADHIKA PROSAD DAS GUPTA Vs. NIRANJAN DAS GUPTA

JUDGEMENT

(1.) This appeal is directed against an order allowing amendment of an application for execution. The Appellant was the first Defendant in a suit for contribution brought by three brothers, Jagadananda Das Gupta, Premananda Das Gupta and Jnanadananda Das Gupta against the three sons of Gobinda Prosad Das Gupta, namely, Baradananda alias Radhika Prosad Das Gupta, Sarada Prosad Das Gupta and Kulada Prosad Das Gupta. The trial court passed a decree in the following terms:

(2.) This decree was passed on January 15, 1932. The Plaintiffs Premananda and Jnanadananda filed an appeal to this Court against this decree and on" appeal it was ordered:

(3.) An application for execution was filed by one of the Plaintiffs, namely, Premananda, Plaintiff No. 2, on January 11, 1937. That was dismissed for default on February 9, 1937. The Plaintiff No. 3 and the heirs of Plaintiff No. 2 again applied for execution on January 1, 1940, that is, within three years of the first execution case filed by Plaintiff No. 2. This was dismissed for default on January 19, 1940. The third attempt for execution commenced on January 5, 1943, by Plaintiff No. 3 and the heirs of Plaintiff No. 2. This was dismissed for default on September 3, 1943. On July 17, 1944, a fresh application for execution was filed by the heirs of Premananda, Plaintiff No. 2 and by Jnanadananda Plaintiff No. 3. Execution was sought by this application against all the three Defendants. In col. 7 the amount due was mentioned as Rs. 5,135-15-2 pies as consisting of Rs. 5,108-15-2 jibes being the claim mentioned in the certificate from the court which had passed the decree and Rs. 27 being the costs of execution. In col. 10, the relief prayed was mentioned in these terms: