(1.) This is an appeal by the defendants against whom a personal decree under Order 34, Rule 6, Civil P.C. has been passed by the Court below.
(2.) The facts which have given rise to this appeal are as, follows: On 15th November 1915, Ahmad Huisain, Hamid Huisain, Mt. Maqbul-un-nissa and Anwar Husain sold some immovable property to Mool Chand, Babu Ram, Makhan Lal and Raghunath Das, for a sum of Rs. 12,266. Out of this, a sum of Rs. 3,030 was left with the vendees for payment to one Moti Lal, a creditor of the vendors. The vendees did not pay the said amount to Moti Lal and the vendors thus obtained the right to recover the amount of unpaid purchase money from the vendees. This right was sold to Imam Ullah the present plaintiff 1.
(3.) On 16 November 1921, Inam Ullah together with the original vendors brought suit No. 220 of 1921, in the Court of the Subordinate Judge of Budaun for recovery of a sum of Rs. 3,030 together with Rs. 2,727 as interest against Mool Chand Babu Ram, Makhan Lal and Raghunath Das by sale of the property which had been sold to them and it was also prayed that if the property aforesaid be not sufficient for the amount claimed, then the plaintiffs may be allowed to recover the amount from the person and other property of the defendants. On 20 March 1922 the suit was decreed and it was said that indefault of payment, the property comprised in the sale-deed or a sufficient part of it should be sold. No issue was struck on the question of the plaintiffs right to recover any portion of the decretal amount from the person and other property of the defendants, nor was there any discussion in the judgment on that point. The decree that was framed was on a printed form and the printed words "if the sale proceeds be printend words "if the sale proceeds be entitled to obtain a personal decree" were scored out.