FATEHLAL Vs. NANDLAL

JUDGEMENT

(1.) THIS is an appeal by the decree-holder against the decision of the learned District Judge, Bhilwara dated 28th May, 1957 in execution proceedings.

(2.) IT appears that on 9th December, 1955 a decree for Rs. 1450/- and delivery of a flour mill with an engine in running condition was passed in favour of the appellant. There was a further stipulation in the decree that the judgment debtor would hand over the mill and the engine to the decree holder within a month of the decree, in default there would be a decree for Rs. 5000/- with costs in favour of the decree holder. The judgment debtor failed to deliver the mill and the engine within the time provided in the decree. The decree holder after the expiry of about five months applied for the execution of the money decree claiming Rs. 5000/- besides the sum of Rs. 1454/- and prayed for the enforcement of the decree by attachment of the judgment debtor's property. IT may be mentioned that during the period of five months the judgment debtor had also applied for extension of time for the delivery or the mill but his application was rejected by the Court.

(3.) THIS appeal is therefore, allowed. The order of the court below is set aside and the case will go back to the executing court for further proceedings in execution according to law. In the circumstances parties shall bear their own costs. .