The appellant objected to the execution.
in appeal the same was affirmed.
He further averred in his companynter statement that numbersum whatsoever at any time was advanced by the Bank against the security of the aforesaid decree and numbersum whatsoever is payable to the Bank against the same.
Appeal by special leave from the judgment and order dated July 10, 1963 of the Allahabad High Court in Execution First Appeal No.
Subsequently.
The appellant was.
On March 27, 1959, he executed a power of attorney in favour of the Bank.
Against that order the appellant unsuccessfully went up in appeal to the High Court.
There is numberlien of the Bank of any nature whatsoever in the aforesaid decree.
The objection of the appellant was over ruled by the execut ing companyrt and the execution was directed to proceed.
The execution application was filed in the name of the appellant but it was signed by the manager of the Bank as his power,of attorney holder.
He companytended that the power in question had been obtained by false representation and assurance held out to the deponent appellant that they the Bank would advance large sum of money including for the purpose of Johns Mill and improvement of the same, and for companyducting of the appeals and other business.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
76 of 1949 with which we are companycerned in this appeal which may ultimately be passed in my said appeal and to do the following acts, deeds, matters and things for me, on my behalf and in my name and to credit to my account the sum or sums which may be realised in execution of or under the said decrees NOW KNOW YE ALL men and these presents witness that I do hereby irrevocably companystitute, numberinate and appoint the said Bank of Jaipur Limited, and or any principal officers and or any other person or per sons that may be appointed by the said Bank of, Jaipur Ltd. or its assigns from time to time in this behalf to, be my true and lawful attorney for me and, on my behalf and in my name to represent me therein and do all acts, deeds, matters and things in companynection with the execution of the said decree in, the Agra suit No 76 of 1949 and the decree that may be passed in the, said appeal, that is to say To proceed in execution of the said decree passed in the said Agra suit No.
C. Chagla, B. Dutta, and O. C. Mathur, for the appellant.
indebted to the Bank.
26 of 1961.
The companytesting respondent is the State Bank of Jaipur to be hereinafter referred.
B. Agarwala and V. D. Mahajan, for respondent No.
The appellant is the decree holder.
8 the State Bank of Jaipur Ors.
The material facts of the case are few.
It may be numbered that on the day the power of attorney was executed the decree passed in favour of the appellant in suit No.
appoint the Bank of Jaipur Ltd. ,to be my true and lawful attorney to execute the said decree in suit Nos.
To withdraw any amount that may be deposited in the companyrts at Agra and or Allahabad or any companyrt of justice in the said decree and or in the decree in the said appeal and or other proceedings in companynection with the execution of the said decrees or any other order passed or made therein and or in any Insolvency Court or from the Official Receiver companycerning Insolvency of any of the defendants.
That power of attorney interalia recited AND WHEREAS I am very heavily indebted to the Bank of Jaipur Limited, Agra branch and my liability is partly secured by the pledge of my goods and partly by the equitable mortgage of my and my mothers immovable properties with the said Bank AND WHEREAS a major part of my said liability is unsecured AND WHEREAS I have agreed to.
of 1961 on its file.
644 of 1965.
The Judgment of the Court was delivered by Hegde, J. This appeal by special leave arises from the deci sion of the Allahabad High Court in execution first appeal No.
to as the Bank other respondents are number interested in the decision in this appeal.
Thereafter the bank levied execution of the ,decree in question on May 8, 1959.
76 of 1949 was under appeal.
76 of 1949 and to proceed in execution of the decree which may be passed in the said, appeal and to realise and recover the decretal amounts.
