SETH GHUNSHAM DAS Vs. UMA PERSHAD

JUDGEMENT

(1.) These five consolidated appeals from a judgment and decrees of the Court of the Judicial Commissioner of the Central Provinces arise out of five suits brought in the Court of the District Judge of Jubbulpore by one Chandmal since deceased. The appellants before the Board are his representatives. The object of the suits in each case was to set aside certain orders for attachment before judgment obtained by a number of creditors of one Dhanroopmal who, the plaintiff alleged, had already conveyed to him by an usufructuary mortgage the properties attached, in consideration of a debt owing to him from Dhanroopmal. The creditor-defendants on the other hand alleged that the mortgage in question was executed in collusion with the plaintiff as a device to defeat the claims of Dhanroopmal s creditors and to retain the properties wholly or partly for the benefit of Dhanroopmal or his family.

(2.) The District Judge before whom the suits came for trial in the first instance held that the mortgage to the plaintiff represented a bona fide transaction and accordingly set aside the orders for attachment.

(3.) The additional Judicial Commissioner on appeal arrived at a totally different conclusion. Viewing the circumstances as a whole he has held against the bona fides of the mortgage ; and reversing the District Judge s orders dismissed the plaintiff s suits. From these decrees Chandmal s representatives have appealed to His Majesty in Council.