OFFICIAL ASSIGNEE Vs. SUBHKARAN

JUDGEMENT

(1.) THIS is a special appeal under Section 18 of the Rajasthan High Court Ordinance directed against the judgment of learned Single Judge dated 28th September. 1965, whereby he allowed the appeal of the respondent and held the house of the appellant -judgment debtor saleable in execution of the decree passed by the Churu Court on 20 -4 -1950 against Jivan -mal judgment -debtor.

(2.) THE facts which are relevant (for appreciating the controversy in this appeal briefly stated are: Messrs Chunilal Hajarimal lent a sum of Rs. 5000/ -to the appellant No. 2 at Calcutta. The said creditor instituted a suit No. 80 of 1947 -48 at. Churu for the recovery of the amount, and not the house of Jivanmal appellant attached before judgment. This suit was decreed for Rs. 5048.40 with costs on 29 -4 -1950.

(3.) MR . H. C. Jain learned counsel for the appellants challenged the judgment of the learned Single Judge on the following grounds: - - (1) That the application of the decree -holder -respondent was barred by time as the previous, three applications made prior to the present fourth application, were not in accordance with law in as much as on the passing of the adjudication order against appellant Jivanmal on 6 -9 -1949 the property had vested in the Official Assignee of the Calcutta High Court who was a necessary party to the previous execution application but he was not impleaded in those applications: (2) That the appellant Jivanmal was discharged on 23 -6 -1955 by the Calcutta High Court and all his liabilities including the decretal debt in question stood wiped out and could not be enforced by way of an execution application.