That Court, by its Order dated October 1, 1956, dismissed the appeal.
The appellants surety bond to the Court was for a sum of Rs.
On October 17, 1947, 5 surety bonds were executed by the appellant and 4 others for different amounts and presented to the Court.
On December7, 1951, the appellant filed objections raising various pleas, inter alia, companytending that the decree was passed without jurisdiction and that the surety bond was void.
On September 11, 1947, the second respondent offered to give security if time was granted to him.
It is represented to us by the learned companynsel for the respondent on instructions that the said appeal was dismissed.
On August 28, 1947, the Court issued a companyditional order of attachment before judgment in respect of the said bills.
The present appeal ha , be en preferred by the appe llant by special leave.
Appeal by special leave from the judgment and order dated March 12, 1957, of the Madhya Pradesh High Court in Letters Patent No.
On August 1, 1951, the second respondent was adjudged as an insolvent by the High Court at Calcutta.
On August 20, 1956, the Tribunal at Dehra Dun, holding that it had numberterritorial jurisdiction to entertain the application filed by the second respondent under the Act, returned it for presentation to a proper tribunal.
The appellant preferred Miscellaneous First Appeal No.
On October 13, 1948, a preliminary decree was made in the said suit.
1,74,906/4/0 plus Rs.
On September 20, 1951, a final decree was passed in the said suit against the second respondent for a sum of Rs.
12,000/ .
On September 9, 1947, the second respondent applied for vacating the order of attachment.
On August 2, 1952, the appellant filed an application before the District Court under s. 15 of the Act for stay of the execution proceedings and for the transfer of all the records to the Tribunal at Dehra Dun.
The judgment of the Court was delivered by SUBBA RAO J. This appeal by special leave raises, inter alia, the question of companystruction of the terms of a surety bond.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On July 9, 1952, the adjudication of the second respondent as an insolvent was annulled.
212 of 1956.
Under that bond she agreed, if the second respondent made a default in producing and pacing at the disposal of the Court when required the properties specified in the Schedule attached thereto or the value of the same or such portion of the same as may be sufficient to satisfy the decree, to the Court a sum number exceeding Rs.
On August 27, 1947, the first respondent applied for attachment before judgment of all the bills payable to M. R. Malhotra and Company, as per description given in Schedule A attached thereto and for the issue of an order to C.M.A.S.C., Poona, prohibiting them from issuing any cheque due to M. R. Malhotra and Company, and on the same day the Court issued numberice of the said application.
The Letters Patent Appeal No.
72 of 1961.
9 A of 1947 in the Court of the First Additional District judge, Jabalpur, against Mulkraj Malhotra, the second respondent, for dissolution of their partnership and rendition of accounts.
On August 22, 1952, the executing Court rejected all the companytentions of the appellant.
N. Sanyal, Additional Solicitor General of India and S S. Shakla, for respondent No.
February 21.
7868/10/0 as companyts.
On August 29, 1956, the second respondent preferred an appeal against the order of the Tribunal at Dehra Dun returning his application filed under s. 5 of the Act.
212 of 1956 preferred by the appellant against the order of the single judge of the High Court was also dismissed by a Division Bench of that Court on March 12, 1957.
C. Mathur, for the appellant.
The material facts are is follows On August 26, 1947, Seth Takhatmal, respondent 1, filed Civil Suit No.
44 of 1952 against the order of the executing Court rejecting her objections to the High Court of judicature at Nagpur.
On October 19, 1951, the first respondent filed an application for execution of the decree by enforcement of the surety bonds under 145 of the Code of Civil Procedure.
On May 28, 1952, the second respondent filed an application under s. 5 of the Displaced Persons Debts Adjustment Act, 1951 LXX of 1951 , hereinafter called the Act, before the Tribunal at Dehra Dun for adjustment of his debts under the provisions of the Act.
The Court accepted the bonds and withdrew the order of attachment.
12,000/ .
