KANRAJ Vs. VIJAI SINGH

JUDGEMENT

(1.) This is an appeal by the pltf in a money suit against one of the defts.

(2.) The applt, Kanraj, filed a suit on 24-7-1948, against the resp, Vijai Singh, Jagirdar of Ramseen, & one Khub Chand on the allegations that Khub Chand had secured a decree on 4-4-1947, against Mohabbat Singh, father of Vijai Singh, for recovery of Rs. 11,359/7/- (the correct figure is Rs. 11,365/7/-), from the Ct of Wards, Jodhpur, & Khub Chand thereafter made an assignment of that decree in favour of the applt on 27-7-1947. It was alleged that the deft, Vijai Singh, being the heir & legal representative of Mohabbat Singh, & being in possession of the property left by Mohabbat Singh, was liable to pay the amount of the decree, but had refused to do so, & as the Thikana of the deft was no longer under the Ct of Wards, the suit had to be filed by the pltf. It was prayed (1) that a decree for recovery of Rs. 11,365/7/-be passed in favour of the pltf against Vijai Singh, & (2) that, if deft 2, Khub Chand, had recovered any amount from Vijai Singh towards the decree of the Ct of Wards, a decree for such amount be passed against Khub Chand. Interest was claimed from the date of the suit till realization.

(3.) Vijai Singh by his written statement dated 24-9-1948, denied any knowledge of the decree having been passed against his father by the Ct of Wards, adding that the order of the Ct of Wards, dated 4-4-1947, relied upon by the pltf, did not amount to a decree. It was pleaded that the said order of the Ct of Wards, could not be made the basis of the suit against the deft, & that Khub Chand had, by means of some fraud, obtained the order of the Ct of Wards, which was not binding on him.