BABU CHHUNI LAL Vs. SIA CHAUDHURY

JUDGEMENT

(1.) This is an appeal by the decree holder against an order of the learned Subordinate Judge of Muzaffarpur, dated June 2, 1936, setting aside a sale held at the instance of the decree holder in execution of a money decree which he had obtained on June 5, 1933.

(2.) It appears that the decree-holder filed a suit on the basis of a hand-note being Suit No. 151 of 1931 against the widow and daughter of the executant as well as certain other defendants Nos. 3 to 7, who were the agnates of Ram Sunder Chaudhury. Defendants Nos; 3 to 7 were expressly made defendants! because it was uncertain whether the assets of Ram Sunder would come into the hands of defendant No. 1 or her daughter or in the hands of defendants Nos. 3 to 6. The learned Subordinate Judge in the judgment which he gave expressly had in his mind that if as a result of the suit which was then pending between defendant No. 1 and her daughter on the one hand, and defendants Nos. 3 to 8 on the other, Ram Sunder and defendants Nos. 3 to 6 are held to be joint, then the plaintiff's decree against the defendants first party would become infructuous and therefore, the learned Subordinate Judge proceeded, as he expressly mentions "to safeguard the interest of the plaintiffs in this suit", by directing: It is proper to order that in case the assets left by Ram Sunder legally come into the hands of defendants No 3 to 6 after the passing of this decree, plaintiff will be entitled to execute the decree against defendants Nos. 3 to 6 so far as those assets are concerned.

(3.) Accordingly the decree which was prepared practically in the same terms directed: That the plaintiffs will be entitled to execute the decree against defendants Nos. 3 to 6 so far as the property left by Ram Sunder came into the hands of defendants Nos. 3 to 6 by right of survivorship.