INDAR PAL Vs. IMPERIAL BANK

JUDGEMENT

(1.) The respondent, in this appeal is the Official Liquidator of the Imperial Bank of Aligarh and this appeal arises out of execution proceedings taken under a decree obtained by the Bank, on 24th April 1910, against one Moti Lal, the father of the two appellants, on the basis of a pro-note executed by Moti Lal alone.

(2.) The sons were also impleaded as defendants to the suit but as they were not parties to the pro-note, the suit as against them was withdrawn.

(3.) The family to which Moti Lal belonged consisted of himself and the two sons and his brother and thus Moti Lal on partition would have been entitled to a 1/6th share. When the decree was obtained it was put into execution and the interest of Moti Lal, i.e., 1/6th share in certain property was put to sale.