BHURALAL Vs. JIWANSINGH

JUDGEMENT

(1.) THIS is an appeal by the judgment-debtor Bhuralal against the judgment and decree of the District Judge, Bhilwara, dated 3-3-1952, arising out of certain execution proceedings.

(2.) THE respondent Jiwansingh and his brother Sohansingh (who is represented in this appeal by his assignee Motisingh) filed a suit against the appellant for redemption of a pledge of certain ornaments and obtained a decree on 28-8-1940, that they would be entitled to redeem the ornaments on payment of Rs. 547/4/- to the defendant. This decree was confirmed on appeal. On 30-1-1943, Sohansingh alone applied for execution of the decree. Some trouble arose as Jiwansingh had not been made a party to the application for execution and, therefore, on 9-5-1943, Sohansingh stated that he was asking for execution with respect to his share of the decree. In 6-2-1945, the Judgment-debtor objected that he had already compromised the decree with one of the decree-holders Jiwansingh on 20-5-1941. This objection was not decided. On 18-12-1946, Motisingh deposited a sum of Rs. 530/- in court to be paid to the judgment-debtor. On 21-3-1947, the execution application was, however, dismissed for the decree-holder's default. THEn Motisingh filed a second execution petition on 15-10-1947. This application was dismissed on 20-1-1949, on the ground that Motisingh alone had no right to execute the decree: This led to a further execution application- on 4-4-1949, which was filed by both Jiwansingh and Motisingh' and it is this application out of which the present appeal has arisen. Bhuralal raised two objections: (1) that the decree had already been compromised with Jiwansingh and (2) that the execution application dated 4-4-1949, was barred by time. THE executing Court repelled both these objections. THE judgment-debtor then went in appeal to the District. Judge, Bhilwara, and the latter modified the decree of the executing Court and held that; Jiwansingh was not entitled to execute the decree but Motisingh as assignee of the other decree-holder Sohansingh was entitled to execute the decree to the extent of his half share on payment of half the decretal amount allowed by the trial Court. This appeal has been filed from the above decree.