CHUNILAL DEVAJI Vs. KARAMCHAND SHRICHAND

JUDGEMENT

(1.) The facts of this suit are somewhat complicated, and have been rendered more complicated by the fact that in the course of the proceedings an order was passed allowing the plaintiffs to amend their plaint. But in this second appeal the only respondent is the 1 defendant, and we are not concerned with any order passed by the lower appellate Court against the remaining defendants. The lower appellate Court dismissed the suit as against the first defendant, reversing the decree of the trial Court, which directed that the plaintiff's should recover from the 1 defendant Rs. 1,074-3-7 with interest. It is against the order of the lower appellate Court dismissing the suit as against the 1 defendant that the plaintiffs appeal, and for the purposes of the appeal it will only be necessary to refer to certain main facts.

(2.) In 1904 one Amarchand Keshavji filed a suit against certain persons, who are represented now in this suit by defendants 2 to 10. He attached certain properties before judgment which may be referred to as properties A and properties B.

(3.) In 1905 the present defendant No. 1 Karamchand filed a suit against the same parties and obtained a decree in 1906.