GIRDHARI LAL Vs. MUNI LAL

JUDGEMENT

(1.) THIS is an appeal against the Judgment and decree of the learned Senior subordinate Judge, Gurgaon. Girdhari Lal obtained a decree for Rs. 6. 000/- on 11th October, 1950 against the firm styled as Janardhan Babu Dayal through Babu dayal and Janardhan partners thereof. He executed the decree against Babu Dayal partner and in the course attached the allowance admissible to him as a Member of Legislative Assembly, Punjab. Te] Bhan also on the basis of an award succeeded in getting a money decree against Babu Dayal. He transferred his rights In the decree in favour of Muni Lal son of Balu Dayal judgment-debtor. The latter applied to the executing Court that the assets held by (sic) in the execution of Girdhari lal's decree might be rateably distributed amongst the aforesaid decree-holders. The executing Court allowed his prayer. Thereupon Girdhari Lal plaintiff instituted a suit in the Court of the learned Senior subordinate Judge, Gurgaon for a declaration that Muni Lal defendant was not entitled to any share in the assets held by the executing Court in the execution of his decree against Babu Dayal defendant on the grounds that Te] Bhan's decree was fictitious and collusive, that the transfer of the said decree was ineffective for similar reasons, that the two decrees were not against the same Judgment-debtor, and that the order for attachment of the judgment-debtor's allowance had been issued long before the other decree-holder applied for rateable distribution of the same.

(2.) MUNI Lal defendant No. 1 controverted the above contentions and further added that the plaintiff's decree was without consideration, collusive and fictitious and that the suit in the form instituted was not maintainable. The proceedings took place ex parte against Firm Janardhan Babu Dayal, Babu Dayal and Janardhan, the other three defendants.

(3.) THE trial Court struck the following issues: