KESHAVLAL MANILAL SHAH Vs. CHANDULAL BALABHAI SHAH

JUDGEMENT

(1.) The point arising in this application is new and there is no direct authority on it.

(2.) There was an accont suit No. 1516 of 1921 in the First Class Court, Ahmedabad, in which a decree for Rs. 11,005-2-2 was passed against the petitioner and one Manilal since dead.

(3.) The judgment-debtor partner appealed to this Court in Appeal No. 114 of 1929, and applied for a stay of execution. A rule was issued on the application for stay and the final order was that the appellants should have a stay on their depositing the decretal sum in this Court. This was accordingly done. The respondent was allowed to withdraw the sum on furnishing security, but he did not do so.