FATEH CHAND Vs. NIHAL SINGH

JUDGEMENT

(1.) This case has been argued at considerable length before us but we have come to the conclusion that the decree of the lower court ought to stand.

(2.) The suit was a suit for the recovery of a sum of Rs. 3,034-6 alleged to be due from the first two defendants, Kunwar Nihal Singh and Kunwar Dwarka Singh. The plaintiffs in the suit were Fateh Chand and Hira Lal, who admittedly are the brothers and survivors of one Sewa Ram.

(3.) It is necessary to set out in some detail the earlier story of this case. Sewa Ram had obtained in the year 1908 a simple money decree against a judgment- debtor, named Kunwar Bhawani Singh, who is impleaded in the present suit as defendant No. 3.