RAJENDRA KISHORE CHOUDHURY Vs. MOTHURA MOHAN CHOUDHURY

JUDGEMENT

(1.) In this case it is said that he appellant and respondent were partners in a certain business, and the latter obtained a decree against the former for a sum of some Rs. 9,000 borrowed on a Hatchitta. This was on the 28th February 1918.

(2.) In execution of this decree, the respondent on the 10th September 1918 attached and seeks to put to sale his judgment debtor s properties.

(3.) On the 26th May 1919 the appellant before us brought a suit for accounts and for the sum that might thus be found due to him from the partnership business. Having instituted his suit on the 11th of June, the appellant next applied that pending the disposal of the said suit the execution of the decree against him should be stayed. On the 5th July the learned Subordinate Judge refused to stay execution, and it is against that order that the present appeal has been preferred.