SHER SINGH Vs. GURLAL SINGH AND ORS.

JUDGEMENT

(1.) This is defendant's second appeal in a suit for recovery of money filed by his brothers. The suit has been decreed and the appeal has failed. He has become a judgment-debtor entitled to the money decree. When this matter came up for hearing for the second hearing on February 12, 2015 Mr. Sandeep Arora appearing for the appellant sought time to obtain instructions as to whether his client is ready to deposit the amount in court as security towards the decree as provided in Order 41 Rule 5 (3) (c) to ensure timely satisfaction of the decree in case the appeal fails.

(2.) Mr. Arora submits after reverting back from his client that he has instructions from him to state that the appellant is not prepared to deposit the amount of the decree as security of decretal amount.

(3.) Having read the judgments of the courts below and after hearing Mr. Arora on the merits of the case I would without hesitation dismiss the appeal for the following reasons:-