JAGAT DHIS BHARGAWA Vs. BAKSHI GURCHARAN SINGH

JUDGEMENT

(1.) IN Civil Suit No. 3 of 1926 the Court of first instance decreed the plain-tiff's claim for Rs. 1,66,570/- with future interest at annas fourteen per cent per mensem with a lien for that amount on the properties of 'rai Sahib' Rup Narain insolvent. The relevant portion of the decree passed in that suit on 5-8-1929 reads:

(2.) DURING the pendency of Civil Appeal No. 2699 of 1929 'lala' Nand Kishore, legal representative of 'lala' Shibba Mal, applied for execution and the executing Court gave permission to 'lala' Nand Kishore to bid at the auction sale on his furnishing security for the restitution of the amounts realized by him in the execution of that decree. Pursuant to that order by a registered bond 'lala' Nand Kishore charged annas fourteen pies six share in the Royal hotel, Queens Road, Delhi, for the restitution of the money he might realize in execution. In the execution proceedings 'lala' Nand Kishore realized Rs. 1,09,000/ -.

(3.) FROM the decree passed by the High Court 'lala' Nand Kishore applied for leave to appeal to the Privy Council. That leave was granted in Civil Miscellaneous No. 701 of 1933. In those proceedings 'lala' Nand Kishore applied that the Official Receiver may be restrained from realizing from him Rs. 1,09,000/-pending the decision of the Privy Council appeal. The application was granted subject to the applicant furnishing security for the restitution of Rs. 1,09,000/- carrying interest at the rate of rupees six per cent. per annum. The security was furnished on 13-3-1934. The appeal in the Privy Council failed on 17-10-1938.