Himachal Pradesh Court December 1950 Judgments

Pritam Singh Vs. L. Khushi Lal

Court: Himachal Pradesh

Reported in: AIR1951HP52

Chowdhry, J. 1. This is a deft's first appeal against the judgment & final decree for sale under Order 34,. Rule 5, Civil P C., dated 17-3-1950, passed by the Senior Subordinate Judge of Kaaumpti,2. On foot of a simple mtge. dated 23-6-1935, executed by the applt. Pritam Singh in favour of Jagannath, deceased father of the pitf.-resp. Khushi Lal. for Rs. 2,000 the pltf filed a suit in the Ct. of the Dist. J. of Theog, Relief was claimed against Pritam Singh & his firm styled as Kattar Singh Gurbana Das. The pltf. also impleaded his two brothers, Bakshi Ram & Roshan Lal, as pro forma defts on the ground that under a will made by his father he alone was entitled to sue on foot of the mtge.-deed.3. A preliminary decree under Order 34, Rule 4, waa passed by the Dist. J. of Theog on 15-1-1947. The present deft, went up in appeal to the Chief Judicial Officer which was dismissed on 17-7-1947. He than filed a second appeal before the Judicial Commitee which was also dismissed on 8 6 1948 Ther...