KANTI CHANDRA MUKHERJEE Vs. MUKUNDALAL BARMAN

JUDGEMENT

(1.) This is an appeal against an order made by McNair J. on 26 August 1936, whereby he dismissed an application on the part of Kanti Chandra Mukerji who was seeking by that application to obtain "personal execration" of a certain decree against one Mukundalal Barman. The application was in fact made by a summons dated 9 July 1936 addressed to the defendant abovenamed, that is to say, Mukundalal Barman in these terms: Take notice that you are hereby required under Rules 22 (i)and 37 (1)of Order 21, Civil P.C., to appear in person before the Judge in Chambers on 4 August 1936 at eleven o clock in the forenoon to show cause why the decree passed against you on 10 September 1931 in the above suit should not be execrated against you and why you should not be committed to jail in execution of the said decree.

(2.) There is a tabular statement dated 27 June .1936 in which the usual particulars are given. The date of the decree was stated to be 10 September 1931; the amount of the debt was described at Rs. 2310 being the decretal amount and Rupees 668-1-2 being the interest at the rate of 6 pec cent. per annum from 10 September, 1931 to 12 June 1936 aggregating in all Rs. 3008-1-2.

(3.) There was another claim as to costs, and the applicant prayed that the total sum of Rs. 3792.7-0 together with the costs of the execution be realised by arrest and imprisonment of the judgment-debtor. McNair J. dismissed the application because he accepted the argument which had been put forward on behalf of the Judgment-debtor be the effect that at the time when the execration proceedings were instituted, the plaintiff who had originally sued in the character of a Receiver had ceased to have that character and because he was no longer a Receiver, he was not entitled to put the decree of 10 September 1931 to execution. It is to be observed at the outset that the decree itself does not mention the fact that Kanti Chandra Mukerji was suing in any capacity other than in his personal capacity and he is described in the decree thus: Kanti Chandra Mukerji, Official Receiver, High Court, Calcutta, having his Office at the said High Court Buildings, Calcutta, aforesaid.