MOTI LAL AGARHARI Vs. CHAMPA LAL

JUDGEMENT

(1.) This is a judgment-debtor's execution second appeal and arises under the following circumstances:

(2.) On 7 December 1920, the decree-holder respondent obtained a simple money decree against three brothers named Hira Lal, Panna Lal and Moti Lal. Panna Lal and Moti Lal were minors on the date of that decree. The decree provided that the person of Panna Lal and Moti Lal and their shares in the ancestral house will be exempt from the operation of the decree. The decree- holder filed an appeal against that decree and, on 7 July 1921, the appellate Court modified the decree of the trial Court to this extent that it passed a decree against all the three brothers with the proviso, that so far as Panna Lal and Moti Lal were concerned, the decree money will be recoverable only from the family property in their hands.

(3.) The first application for execution was filed on 1 February 1924. All the three brothers were arrayed as judgment-debtors in that application. Moti Lal by that time had attained majority, but he was arrayed as minor in the said application. Notice of the said application was issued to the judgment-debtors on 15th February 1924. That application was dismissed for default.