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Radhakissen Chamria vs Durga Prosad Chamria on 3 June, 1940

In the case of Unao Commercial Bank, Ltd. v. Mohair Gobind Rai (1930) A.L.J. 945 no question arose about the power of the attaching decree-holder to adjust the attached decree to the prejudice of his judgment-debtor. In that case, the simple question was whether the attaching decree-holder was a representative of the original decree-holder (his own judgment-debtor), for recovering out of Court the amount of the decree under the provision of Order XXI, Rule 1(b). It was argued that the power to receive such payment out of Court resided, under the terms of the said rule, in the decree- holder only.
Bombay High Court Cites 12 - Cited by 14 - Full Document

Balwant Singh vs Maharaj Singh And Ors. on 17 December, 1953

In -- 'The Unao Commercial Bank Ltd., Unao v. Mohar Gobind Rai', AIR 1930 All 659 (A), Sheo Nandan Prasad had a decree against two persons whose names need not be given. The Unao Commercial Bank and the Punjab National Bank held money decrees against Sheo Nandan Prasad. The Unao Commercial Bank applied for execution of the decree. The Punjab National Bank also filed an application for execution and both the banks attached the decree that Sheo Nandan Prasad had obtained against his judgment-debtors.
Allahabad High Court Cites 3 - Cited by 0 - Full Document

Durga Prosad Chamaria vs Secretary Of State And Ors. on 9 April, 1937

In Unao Commercial Bank Ltd. v. Mohar Gobind Rai Sulaiman, C.J. observed that by Section 146 of the Code the representative of a decree-holder is entitled to take the same proceeding as the original decree-holder in whose favour the decree was passed. Apparently the learned Judge uses the word "representative" as a substitute for the words-"any person claiming under" in Section 146. But the right to take proceedings for certifying or recording adjustment comes into existence after the decree has been adjusted to the satisfaction of the decree-holder. This right is not therefore identical with the right to adjust the decree from which it flows.
Calcutta High Court Cites 8 - Cited by 0 - Full Document
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