GAURIDUTT GANESH LAL Vs. MADHO PRASAD

JUDGEMENT

(1.) The appellant here is the plaintiff who brought a money, suit against seven persons against whom be obtained a decree in the first Court.

(2.) On appeal to this Court, the decree was reversed as against defendants 8 to 7. In the meantime the plaintiff had taken out execution of his decree of which the defendants asked for stay. The stay was allowed on condition of their giving security which was ordered to be in the form of cash to the extent of half the decretal amount and of immovable property for the remainder. This was the effect of an order passed in this Court on 18 April 1934.

(3.) The Court further ordered that the plaintiff was not to withdraw the amount without giving security to the satisfaction of the lower Court. The respondents in this appeal who were defendants 8 to 7 made deposits amounting to Rs. 33,310- 11-3 by several payments between the dates, 15 May 1934 and 7 August 1934. They also furnished security in immovable property for the remainder of the decretal amount. The plaintiff was also called upon before drawing the amount in deposit to furnish security and there were objections by each party as to the sufficiency of the security offered by the other. Eventually, an order was passed in the lower Court permitting the plaintiff to draw the amount of cash in deposit on 2 July, 1936.