KAPOOR CHAND Vs. SHANKAR LAL

JUDGEMENT

(1.) This execution first appeal has arisen in the following circumstances.

(2.) Shankar Lal respondent decree-holder obtained a decree which was made final on the 24th of April 1952 against Kapur Chand for Rs. 31,000/- odd on the basis of a mortgage of certain machinery. In due course the sale of the mortgaged machinery was ordered and such of the machinery as was available was actually sold and purchased by the decree-holder. It was, however, reported to the Court by the Court-auctioneer that several items of the mortgaged machinery were missing.

(3.) The decree-holder then filed an application under Section 47, Civil Procedure Code, out of which this appeal has arisen, against tbe appellant Lapur Chand, who is apparently a natural brother of the judgment-debtor Kapur Chand, though adopted elsewhere, alleging that for a period between the passing of the decree and the final order for the sale of the machinery the whole of the machinery had been leased by Kapur Chand to Lapur Ghana, who was therefore to be called to account for the missing items of the machinery.