SIRI RAM Vs. JAGAN NATH

JUDGEMENT

(1.) THIS is an appeal by a Judgment-debtor against an order of Mr. R. S. Bindra, Sub-Judge, ferozepore, dated the 26th March, 1953, rejecting the objection filed by the judgment-debtor against the execution of the decree for partition in favour of the decree-holder.

(2.) THE following pedigree table will help in understanding the case: kirpa RAM _____________________________________________________|________________________ ______________________ | | | mannu Lal Panna Lal Hazari Lal | (Died issueless) ________________________________| | ____________________________|______________________________ balmukand | | | | | Shiri Ram Lal Chand Hari Ram Jagan Nath | Saraswati plff. Rattan Lal and five other sons.

(3.) JAGAN Nath son of Hazari Lal filed a suit for partition and rendition of accounts against the other co-sharers, descendants of Kirpa Ram, on the 11th of March 1947. The matter was referred to the arbitration of one Prabh Dayal who gave his award on the 17th February 1949. On the 8th of April 1949 the objections which had been filed against the award were dismissed and a judgment in accordance with the award was passed and a final decree was passed and it was ordered that the award shall form part of the decree with the modifications mentioned in that order. It was also ordered that the amount of the stamp paper should be paid by Rattan Lal half, by Jagan Nath a quarter and by Siri Ram a quarter. Evidently no stamp paper was put In. On the 8th of March 1952 an application for execution was made to the District Judge and on the same day it was ordered to be disposed of by Mr. Ram singh Bindra, Bub-Judge, and the parties were directed to appear before him on the 14th of march 1952. On the same date the Ahmad reported that a full scrutiny and report could not be made until the suit file was sent for and the Court ordered the file to be sent for, for the 20th of march 1952. This was in the presence of Mr. Kishan Lal Advocate for the decree-holder. On the 19th of March 1953 the Ahlmad made a report: