TARA LAL SINGH Vs. SAROBUR SINGH

JUDGEMENT

(1.) THE suit out of which this appeal arises was one for possession of one third share of certain mouzahs, the entirety of which had been sold by auction in certain execution proceedings in the year 1878. A similar suit was commenced by another claimant, and the two suits were heard together. The validity and effect of these execution proceedings is the matter in dispute. The following are the material facts.

(2.) IN and prior to the year 1870 three brothers named Chhatradhari, Gadadhur, and Sarobur were in joint possession of the mouzahs in question on a jaghir tenure under the late Rajah Nilmoni (the predecessor in title of the present appellant). The Rajah obtained three decrees in the Court of the Assistant Commissioner of Purulia: (1.) No. 136 against Chhatradhari alone for the rent of the mouzahs for the Fasli years 1293-1295; (2.) No. 107 against Chhatradhari and Gadadhur (mis-described as Gungadhur) for the rent for the years 1297-1299; and (3.) No. 1334 against all three brothers (Sarobur being misdescribed as Surleswar) for the rent for the years 1280-1282. All these decrees were obtained ex parte, the defendants in the several actions not appearing. On June 3, 1879, and after execution proceedings, Gadadhur obtained an order for restitution of suit No. 107 to the judges' list for trial, and it was ultimately struck out so far as he was concerned for default of the plaintiff. The decrees in No. 136 and No. 107 were therefore in effect against Chhatradhari alone, and that in No. 1344 against the three brothers (subject to any question as to the misdescription of Sarobur).

(3.) IT appears clearly from the language of these orders that the Deputy Commissioner had the several decrees before him, and that his order applied to each decree, and it must, their Lordships think, be assumed that his orders were complied with and the proper notices were given to the several defendants in suit No. 1334 as well as in the other suit, so as to bind the interests of all these defendants.