KANGAL CHANDRA MONDAL Vs. NANDALAL MARWARI

JUDGEMENT

(1.) This is an appeal on behalf of the judgment-debtors and is directed against an order of the Subordinate Judge of Asansol dated 4 January 1932 by which he disallowed the objection of the appellants to the execution of a decree obtained against them by the respondents decree- holders. The relevant facts may be briefly stated. On 4 March 1921 Ramkumar Marwari and Durgadas Marwari, father of Nandalal Marwari, the minor respondent to the present appeal, obtained a decree against the appellants for a sum of Rs. 23,000.

(2.) The decree was by consent and the decretal money was payable by certain instalments. On 7 January 1925 an application for execution of this decree was made and the said execution case was dismissed in part satisfaction on 25 May 1925 and the sum of Rupees 3,282-8-0 was realized. The present application for execution was made by the minor son of Durgadas Marwari through his mother and guardian Narbuddi Marwari for realization of the sum of Rs. 13,374-8-10 being the half share of the balance left including interest and cost. This application was made on 11 February 1931. Several objections were taken to this execution: (1) That the petition for execution is not maintainable according to law ; (2) that it is barred by the law of limitation; and (3) that the case cannot proceed as the decree-holder has not complied with the order passed in a previous execution case. Although these three objections were taken in the appellant's written petition the only objection which seems to have been urged before the Subordinate Judge is the last one. This last objection was disallowed by the Subordinate Judge who directed the execution to proceed.

(3.) Against this order the present appeal has been brought and the grounds urged before us are: (1) that the application is not in accordance with law as the particulars required to be furnished by the order of 14 December 1929 have not been furnished; (2) that the application being one by a joint decree-holder for his share is not maintainable having regard to the provisions of Order 21, Rule 15, Civil P. C; (3) that the present application is barred by limitation; and (4) that in any event the execution cannot proceed for the entire sum claimed by the petition, but can proceed for the sum of Rs. 23,000 less 3,282-8-0 and subject to a further deduction of the sum of Rs. 9,178-10-0 which has been realized by the decree-holders as appears from the order of 14 December 1929 (Ex. A) ?an order which is inter partes.