JEEVANDAS DHANJI Vs. RANCHODDAS CHATURBHAI

JUDGEMENT

(1.) This is an appeal from an order of Macleod J., made in Chambers, dismissing an application by the and defendant to quash certain execution proceedings which had been taken against him in the Bombay High Court.

(2.) The plaintiff had obtained a decree in the Amreli Court in the Baroda State on the 17 July 1893. He had presented certain applications for execution to the Amreli Court, of which the second was presented on the 10 July 1905, within twelve years of the passing of the decree. In that application he prayed as follows :- I pray for recovery of the amount of Rs. 7637-4-10 from the defendants in accordance with the claim as shown in the application for execution. The same is as follows :-(i) On account of some urgent cause and occasion the defendants are now going to come specially to Okhamandal. Therefore, at that time as to whatever moveable properties I may point out for taking under attachment in whatsoever villages and at whatsoever places in Okhamandal the same may be attached and sold by auction and the moneys derived therefrom may be paid to me. (2) If the defendants moveable property be insufficient to satisfy the moneys then you would be pleased to cause the moneys to be recovered and given to me by enforcing for that purpose an order for imprisonment against the defendants. The defendants are absconding to a foreign territory. They have now no property at all within the jurisdiction of this Court. Therefore simultaneously with enforcing execution as against moveable property you will also compel them to appear before this Honourable Nyayadhishi Court.

(3.) On the 25 of July 1905 an order was made by the Amreli Court to the effect that- The Darkhast (application for execution) after having been registered in the register book an order for execution should be issued for attaching the defendants moveable property. The other prayer is for arrest and imprisonment of the defendant. As to that matter along with the order dealing with the case of non-satisfaction of moneys from moveable property a notice should be issued against the defendants calling upon them to show cause why an order should not be issued for their arrest and imprisonment.