Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | displaced persons act 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Surety Bond - Construction of - Condition for enforcement - If fulfilled - Disputed debtor - Application for adjustment of debts - Return for want of territorial jurisdiction - Appeal - Civil court, if must stay executing proceedings - Code of Civil Procedure, 1908 (Act V of 1908) s.145 - Displaced persons (Debts Adjustments) Act, 1951 (LXX of 1951), ss. 5, 15. T filed a suit against M and obtained an order for attachment before judgement of certain bills due for payment to M. The bills were released from attachment upon M furnishing sureties including the appellant. Under the surety bond the appellant bound herself that M "shall produce and place at the disposal of the court, when required", the bills or the value of same and "in default of her so doing" to pay a sum of Rs. 12,000 to the Court. After the passing of the decree, T, without taking any steps against M, applied for execution of the decree by enforcement of the surety bonds. the sureties filed objections. In the meantime, M applied to the Dehradun Tribunal under s.5 of the Displaced Persons (Debt Adjustment) Act, 1951, for adjustment of his debts and the appellant applied to the executing Court under s.15 of the Act for staying the proceedings. The Court refused to stay holding that the Dehradun Tribunal had no jurisdiction to entertain the application and rejected the objection to the enforcement of the surety bonds. Subsequently, the Tribunal also held that it had territorial jurisdiction to entertain the application and returned the same for presentation to the proper Tribunal. M preferred an appeal against this order. The appellant contended that the executing Court was bound to stay the execution proceedings and that the surety bond was not enforceable as the conditions necessary for its enforcement had not been fulfilled. |
Judge | Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1963 INSC 43 |
Petitioner | S.mt. Kamala Devi |
Respondent | Seth Takhatmal And Another |
SCR | [1964] 2 S.C.R. 152 |
Judgement Date | 1963-02-21 |
Case Number | 72 |
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