Allahabad Court July 1963 Judgments

Loon Karan Sethiya Vs. Ivan E. John and ors.

Court: Allahabad

Reported in: AIR1964All441

Dhavan, J. 1. This is a decree-holder's appeal from an order of the Second Additional Civil Judge, Agra, dismissing his application praying that the Court should not proceed with the execution of the decree at the instance of his agent who had applied far execution under a power of attorney executed by him. The case is somewhat peculiar and the facts are these. The appellant Loon Karan Sethiya is the decree-holder. He obtained a decree for about Rs. 15 lacs against Ivan E. John and certain other persons. But Sethiya was himself heavily indebted to the State Bank of Jaipur, Agra Branch (the principal respondent in this appeal), and the Bank pressed him to pay back the loan; As he was not in a position to do so he made an agreement with the Bank under which he executed a power of attorney in its favour authorising it to execute his decree against Ivan E. John and to credit the amount realised to his account. In plain words, the agreement was that the Bank instead of realising its debt fr...