ARRATOON AND CO Vs. MIMRAJ PURANMULL

JUDGEMENT

(1.) This is an application for the execution of the decree passed in this suit. The suit was filed in 1931 by the plaintiff firm against Mimraj Puranmull, described as a firm in the cause title of the plaint. It was for the recovery of Rs. 22,727-0-6 due to the plaintiff firm in respect of certain dealings and transactions in shel lac, Kiri lac and other lac products. The writ of summons in the suit was, with the leave of this Court under Order 30, Rule 3, Civil P.C., served on Mimraj, Puranmull, Hardattrai and Jodhraj as four of the partners of the defendant firm. No appearance having been entered by any of the four partners served as aforesaid or by any other partner, the suit came up for hearing as an undefended suit and an ex parte decree was passed on 14-12-1931 for Rs. 22,727-0-6 with costs and interest on judgment at 6 per cent, per annum. The costs of the plaintiff firm having been taxed an allocatur was issued on 23-5-1932 for Rs. 316-12-0.

(2.) On or about 21-6-1935 the decree was transmitted by this Court to the Court of the District Judge of Purulia for execution against the four partners served as aforesaid. In the meantime one of these four partners, namely Hardattrai, applied to the District Judge of Purulia for adjudging himself an insolvent. The plaintiff firm opposed that insolvency application and the same was eventually dismissed. It is alleged that the said four partners requested Baijnath Prosad, the representative of the plaintiff firm, not to execute the decree then and assured him that they would pay up the plaintiff firm's dues as soon as they would realise the heavy sums due to them by their debtors. This story is, however, denied by Mimraj, one of the said partners, in his affidavit filed herein. Bo that as it may, no steps having been taken at Purulia for execution of the decree the decree was returned to this Court on 5-9-1938 with a certificate under Section 41, Civil P.C.

(3.) On 14-12-1943, the plaintiff firm applied before the Master of this Court for execution of this decree on a tabular statement praying for execution of the decree against the four partners who had been served with the writ of summons as partners. The plaintiff firm prays that the said sum of Rs. 22,727-0-6 with interest thereon at 6 per cent, per annum from 14- 12-1931, until realisation as well as the costs amounting to Rs. 346-12-0 together with interest thereon at 6 per cent, per annum from, 23-5-1932 (being the date of the allocatur) until realisation together with the costs of the present application for execution be realised by executing the decree against the persons of the said four partners, i.e., by their arrest and detention in civil prison.