Court : Mumbai
Decided on : Sep-28-1931
Reported in : AIR1932Bom206; (1932)34BOMLR17
John Beaumont, Kt., C.J.1. This is an appeal from a decision of Mr. Justice Kemp and the suit arises in this way. On May 14, 1924, the plaintiffs filed a suit against one Shankarrao Gavde to recover a sum of approximately two lacs of rupees. On May 15, the plaintiffs obtained a warrant for attachment before judgment of the moneys due by the defendant in this action (who is and whom we will refer to as 'the appellant') toShankarrao. On May 16, the order for attachment was served on the appellant. On September 3, the plaintiffs obtained a decree against Shankarrao for the amount claimed in their suit. On September 25, the prohibitory order of attachment was continued and leave was given to the plaintiffs to file a suit against the appellant to establish their claim to the moneys attached. On December 2, the present suit was filed accordingly and in their plaint the plaintiffs ask for a declaration (a) that the defendant was indebted to Shankarrao in a sum ofRs. 2,00,000 or thereabouts wh...
Tag this Judgment!