JOYRAM NARAYAN Vs. SHIVA PRASAD SINGH

JUDGEMENT

(1.) This is a defendants appeal from a decree of the learned Subordinate Judge of Dhanbad dated 18 December 1937.

(2.) The plaintiff, Raja Shiva Prasad Singh, Raja of Jharia, brought a suit for royalty in the Court of the learned Subordinate Judge and impleaded in that suit the lessees of minerals and the sub-lessees. It appears that the lessees had hypothecated certain property to secure sums due by way of royalty, and plaintiff in his suit asked that the amount due for royalty should be recovered by sale of the properties hypothecated. The plaintiff succeeded in this suit and obtained a preliminary decree and later a final decree. The properties hypothecated were put to sale in execution of the decree, but the amount recovered by the sale did not prove sufficient to satisfy the whole decree. The Baja then applied under Order 34, Rule 6, Civil P.C., for a personal decree against all the defendants, namely, the lessees and the sub-lessees, and such personal decree was given to him by the learned Subordinate Judge.

(3.) The sub-lessees have preferred the present appeal and have contended that in no circumstances whatsoever could a personal decree be passed against them. The learned Subordinate Judge appears to have thought that as preliminary decree for sale was made not only against the lessees but also the sub-lessees a personal decree should also be passed against them.