SHAM LAL Vs. OM PARKASH

JUDGEMENT

(1.) In Regular First Appeal No. 139 of 1953 the facts are these : On the 17th of July, 1948, Om Parkash instituted suit for the recovery of rupees 16,859/6/- by the sale of the mortgaged property against Khem Chand, Piare Lal and Sham Lal. In that suit on the basis of a compromise final decree for sale of the mortgaged property was passed against Khem Chand, Piare Lal and Sham Lal. In execution of that decree the mortgaged property was sold by public auction and purchased by Wazir Chand.

(2.) On the 15th of December, 1951, Sham Lal instituted Civil Suit No. 80 of 1952 for declaration that the decree passed on the basis of the compromise was inoperative and that defendants Nos. 1 to 3 be restrained from taking out execution proceedings against him. In the Court of first instance the value of the suit for purposes of jurisdiction was stated to be rupees 16,895/6/-. On the plaint court-fee worth rupees 10/8/- was paid. On the 30th of March, 1953, the suit was dismissed with costs.

(3.) By Punjab Act No. XXXI of 1953 the legislature amended Section 7 of Act 7 of 1870 by the addition of the following proviso to clause (iv) of sub-section (7) of the Act.