SAT NARAIN LAL Vs. GANGA JAL

JUDGEMENT

(1.) We are of opinion that this appeal must be allowed, and we think that in all probability Mr. Justice Walsh would have decided this matter differently if there had been called to his attention the cases of Desraj Singh V/s. Karam Khan (1896) 19 All 71 and Ruddar Singh V/s. Dhanpal Singh (1903) 26 All 156. Ganga Jal obtained two decrees against Sat Narain Lal, the judgment-debtor, on the 12 of May and the 11 of June 1917, respectively. They were decrees of the Bombay Court and were transferred to Jaunpur for execution. Thereupon Sat Narain Lal commenced a suit alleging that these decrees had been obtained by fraud. The judgment-debtor asked that execution proceedings should be stayed until the decision of his suit, and the Munsif, who was already in control of the execution proceedings in the Court of Jaunpur, made an order: Execution proceedings shall be stayed until decision of the regular suit.

(2.) This was on the 20 February 1918. When the end of June was approaching and the Munsif was desirous of showing how expeditiously he had cleared his list, he passed the following order with regard to the application in execution: As the regular suit is not decided the case be struck off. Costs on the judgment-debtor.

(3.) This had the incidental advantage of improving the Munsif's list, but it had the disadvantage of causing a great deal of difficulty and argument in several Courts, and was not an order sanctioned by any rule.