Kolkata Court March 1920 Judgments
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Uzir Biswas Vs. Haradeb Das Agarwalla
Court: Kolkata
Decided on: Mar-01-1920
Reported in: 57Ind.Cas.249
1. This appeal arises oat of proceedings in execution of a decree, It appears that the plaintiff-decree-holder brought a suit for recovery of a certain sum of money against the judgment debtor and sought to attach some of his properties before judgment. Thereupon the parties came to terms and it was agreed that the amount claimed would be paid in certain instalments by the judgment-debtor and that on default the plaintiff would be entitled to realise the same from the moveable and immoveable properties of the judgment debtor, and from his person. It was further agreed that the property which had been sought to be attached before judgment would remain charged for the decretal amount and would not he transferred by the judgment-debtor.2. Some of the properties sought to be attached before judgment were non-transferable occupancy holdings and some of the other properties were the dwelling houses of the judgment-debtor who is an agriculturist.3. A decree was passed on these terms by the Co...
Ambica Charn Khaskel Vs. Esmail and ors.
Court: Kolkata
Decided on: Mar-01-1920
Reported in: 56Ind.Cas.981
Newbould, J.1. The opposite party applied to set aside an auction sale. That application was dismissed in default. He then applied to set aside the order of dismissal. The latter application was also rejected. He then appealed to the Subordinate Judge, Second Court, Bakergunge. He decreed the appeal and ordered a re-hearing of the case arising out of the application to set aside the auction sale. It is clear that the decisions of this Court support the contention of the petitioner that no appeal lay, The case of Charu Chandra Ghosh v. Chandi Charan Roy Chowdhury 27 Ind. Cas. 492 : 19 C.W.N. 25, clearly supports this proposition. The learned Subordinate Judge relies on the case of Bhuban Behari Nag Mazumdar v. Dhirendra Nath Banerjee 33 Ind. Cas. 581 : 20 C.W.N. 1203. But in that case to which I was party, although we expressed some doubt as to the correctness of the previous decisions, we held that the view that no appeal lay in such a case had been taken in a series of oases ending wi...
Satish Chandra Chaudhuri Vs. Girish Chandra Chakravarty
Court: Kolkata
Decided on: Mar-01-1920
Reported in: 60Ind.Cas.915
Teunon, J.1. In this appeal the question is whether an application for execution is barred by limitation.2. It appears that the respondent brought a suit on a hand-note against two persons, defendant No. 1, the father, and defendant No. 2, the son. His suit as against No. 1 was dismissed with costs, and as against defendant No. 2 was decreed with costs. This was on the 30th September 1912.3. Against the order dismissing the suit against defendant No. 1 plaintiff appealed. Defendant No. 2 was no party to that appeal and did not himself appeal against the decree that was made against him. The plaintiff's appeal against defendant No. 1 was dismissed on the 23rd May 1914.4. The plaintiff decree-holder then applied for execution of his decree against defendant No. 2 on the 19th of May 1917. That application was dismissed on default of prosecution, without service of notice on defendant No. 2.5. Then followed the present application on the 8th of January 1918. This application is within thre...
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