T.R.Handa, J. - (1.)The sole question canvassed in this second appeal arising out of execution proceedings is whether the sedition application dated 29-8-1962 filed by Shri Chalur Bhuj respondent No. 3 (one of the decree-holders) in the executing Court is within time.
(2.)This is how this question has arisen. Sarvashri Rajeshwar Prashad, Tek Chand and Chatur Bhuj, the respondents herein arc real brothers and they constituted joint Hindu family with their father, Shri Babu Ram. Jogindra Central Co-operative Bank Limited, respondent No. 4 obtainct a decree against Shri Babu Ram, the father of respondents 1 to 3 and his brother Shri Jyanti Prashad on the basis of a pronote. Tn execution of that decree certain properties were attached and sold.
(3.)Respondents 1 to 3 Sarvashri Rajeshwar Prashad, Tek Chand and Chatur Bhuj then brought a suit in the Court of Subordinate Judge, Nalagarh, for a declaration that the pronote executed by their father Shri Babu Ram and his brother Shri Jyanti Prashad in favour of the respondent Bank was fictitious and without consideration, that the decree passed in favour of the Bank on the basis of that pronote was void and ineffectual as against these respondents and that the properties which had been attached and sold in execution of that decree, being the coparcenary property of the joint Hindu family constituted by these respondents with their father Shri Babu Ram and his brother Shri Jyanti Prashad, the sale of such property in execution of the above-said decree was null and void and not binding upon them. They also prayed for a decree for possession of the properties which had been sold in execution of the decree. Jogindra Central Co-operative Bank Limited. respondent No. 4, and the auction- purchasers were impleaded as party defendants in that suit.
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