Suit No.
As he died before the record of the appeal was transmitted to this Court, his heirs and legal representatives applied on July 24, 1963, to the High Court for an order under 0, 16, r. 12 of the Supreme, Court Rules, 1950, certifying that they were proper parties to be impleaded as legal representatives on the record of the appeal.
Appeals against the order of Grover, J., under the letters patient of the High Court were dismissed in limine.
Appeal by special leave from the Judgement and order dated April 14, 1960 of the Punjab High Court Circuit Bench at Delhi in L.P.A. No.
Counsel for the first respondent companytended that the appeal had abated in its entirety because, the heirs of Basant Lal had number been brought on record, and the ground on which the judgment of the High Court proceeded was companymon to all the.
42,914/10/ with companyts and future interest at percent per cent per annum.
By order dated January 20, 1966 we have rejected this petition.
On January 14, 1955, the second respondent was ordered to be wound up in a petition presented by the first respondent to the District Court, Delhi.
A petition submitted to this Court for impleading the heirs and legal representatives in the appeal was also dismissed by an order made in chamber on February 9, 1965.
Bishan Narain, K. Rajendra Chaudhury and K. R. Chaudhury, for respondent No.
Mohan Behari Lal, for respondent No.
43 of 1952 for a decree for Rs.
Out of the five sureties, Sri Chand, Basant Lal and Debi Ram are appellants in this appeal.
Gopal Singh and Amar Singh, for appellant No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
42,914/10/ being the amount due at the foot of the hypothecation account, and for sale of the goods in satisfaction of the amount due.
Pursuant to this order five persons stood sureties for satisfaction of the decree.
50,000/ .
application for certifying the heirs were dismissed.
The Commercial Subordinate Judge, First Class, Delhi, rejected the objections raised by the sureties, and the order of the Subordinate Judge was companyfirmed by Grover, J,, in appeal to the High Court of Judicature, Punjab.
43 of 1952 the first respondent applied for appointment of a receiver and the Court directed the second respondent to furnish security in the sum of Rs.
The Judgment of the Court was delivered by Shah, J. Messrs Jagdish Pershad Kishan Chand hereainafter called the first respondent companymenced suit No.
Thereafter a petition was filed on May 7, 1965 for special leave to appeal against the order passed by the High Court refusing to bring on record the legal representatives of Basant Lal.
sureties.
M. Lal, E. C. Agarwala and P. C. Agarwala, for appellant No.
This surety bond was number registered.
In suit No.
The sureties objected to the execution of the decree against them on the grounds, inter alia, that the surety bond number being registered as required by law, the application for execution just fail, and that since the first respondent had companymitted acts by which the remedy of the sureties against the second respondent had been impaired the sureties stood discharged.
43 of 1952 a decree was passed against the second respondent for RS.
The first respondent then applied to execute the decree against the sureties.
K. Mehta and K. L. Mehta, for respondent No.
425 of 1963.
It was recited in the surety bond dated April 21, 1953, that the five sureties mortgaged the properties specified in the Schedule annexed thereto and jointly and severally agreed that if any decree was passed against the second respondent they shall companyply with the same and in default the amount payable under the decree but number exceeding Rs.50,0001 shall be realized from the properties mortgaged.
The first respondent filed another suit No.
The two suits were companysolidated for trial.
They also applied for companydonation of delay in moving the application.
265 of 1952 in the Court of the Senior Subordinate Judge, Delhi, against the second respondent for a decree for possession of goods hypothecated to them by Messrs. Mudgal Motors Ltd., second respondent in this appeal.
Basant Lal, one of the appellants died on October 18, 1962.
With special leave granted on August 12, 1962, Sri Chand, Basant Lal and Debi Ram three of the sureties have appealed to this Court.
17 D of 1960.
265 of 1952 was thereafter withdrawn and in suit No.
