JIWALAL Vs. BUDHA

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by Budha against Jiwa Lal, Bansidhar, Gainda Lal and Gyarsi Lal for Rs. 370/-in the Court of the Munsif, Nim-ka-Thana. Gyarsi Lal, defendant No. 5, was also made a pro forma defendant.

(2.) THE facts of the case are that Jiwa Lal obtained a decree against Budha and Gyarsi for Rs. 446-/ and towards the full satisfaction of this decree Budha and Gyarsi paid an amount of Rs. 370/- to Gainda Lal and Gyarsi Lal on the 31st of August, 1945, and it is said that Gainda Lal and Gyarsi Lal gave a discharge of the decretal amount to the judgment-debtors. THEy also credited the amount on the decree itself, and gave the papers relating to the decree to the judgment-debtors. Some time later, Jiwa Lal filed an execution application against both Budha and Gyarsi for recovery of the decretal amount, including the amount alleged to have been paid to Gainda Lal and Gyarsi Lal. THE judgment-debtors pleaded full satisfaction of the decree, but as the payment was not certified under Order XXI, rule 2, of the Code of Civil Procedure, the Court executing the decree did not take notice of the payment. THE judgment-debtor, Budha, thereupon, filed this suit against Jiwa Lal decree-holder and Bansidhar, Gainda Lal and Gyarsi Lal were also joined as defendants, as they were members of joint family of Jiwa Lal. Gyarsi, who was one of the judgment-debtors, did not become a plaintiff, and he was, therefore, joined as a pro forma defendant. THE case of the plaintiff was that he had paid the decretal amount to Gainda Lal and Gyarsi Lal, who were authorised to give a discharge of the decree to the judgment-debtors on behalf of Jiwa Lal. It was also said that Jiwa Lal, Gainda Lal, Bansidhar, and Gyarsi Lal were all members of a joint Hindu family, and that Gainda Lal and Gyarsi Lal acted on behalf of the joint Hindu family, and they were thus authorised to receive payments on behalf of the family. THE plaintiff claimed a refund of the full decretal amount, which was due at the time of the payment made by the plaintiff, consisting of the amount paid and the amount relinquished.

(3.) THIS appeal fails and is dismissed with costs. .