- (1.) This appeal is directed against an order allowing amendment of an application for execution. The Appellant was the first Defendant in a suit for contribution brought by three brothers, Jagadananda Das Gupta, Premananda Das Gupta and Jnanadananda Das Gupta against the three sons of Gobinda Prosad Das Gupta, namely, Baradananda alias Radhika Prosad Das Gupta, Sarada Prosad Das Gupta and Kulada Prosad Das Gupta. The trial court passed a decree in the following terms: ... It is ordered and decreed that...this suit be decreed in a modified form on contest for Rs. 2,214-5-51/2 pies that out of the said money each of the Plaintiffs (respectively) do get from each of the Defendants Rs. 738-0-9 gandas 1 kara. 1 kranti, but the sum of Rs. 439-10-4 pies due to the Plaintiff No. 1 by the defenfants Nos. 1 and 2, will be set off against the money Jdue to the Plaintiffs Nos. 1 and 2 in title Suit No. 38 of 1931. Consequently the Plaintiff No. 1 will get only Rs. 246-0-3 gandas 51/2 krantis from the defyndant No. 3 and each of the Plaintiffs Nos. 2 and 3 will get the total sum of Rs. 246-0-3 gandas 51/2 krantis from each of the Defendants, that the claim for future interest is disallowed and the Defendants do pay to the Plaintiffs costs in proportion to the decree passed in this suit amounting to the total sum of Rs. 262-4-9 pies and the costs in proportion to the decree passed by the appellate Court amounting to Rs. 276-6-9 pies, i.e., the total sum of Rs. 538-11-6 pies together with interest at the rate of 6 per cent, per annum from this day until realisation in proportion to their shares, i.e., each Defendant do pay to each Plaintiff Rs 59-13-81/2 pies...
(2.) This decree was passed on January 15, 1932. The Plaintiffs Premananda and Jnanadananda filed an appeal to this Court against this decree and on" appeal it was ordered: ... It is ordered and decreed that this appeal be allowed and the Plaintiff-Appellants be awarded interest pendente lite as claimed and their share of the amount Rs. 83 paid to the superior Maliks as Sadar rents. And it is further ordered and decreed that this cross-objection be and the same is hereby dismissed: And it is further ordered and decreed that each party do bear its own costs: And it is further ordered and decreed that the said interest pendente lite and Plaintiff-Appellants' two-third share of Rs. 83 be added to the amount decreed by the court below in favour of the Plaintiff-Appellants.
(3.) An application for execution was filed by one of the Plaintiffs, namely, Premananda, Plaintiff No. 2, on January 11, 1937. That was dismissed for default on February 9, 1937. The Plaintiff No. 3 and the heirs of Plaintiff No. 2 again applied for execution on January 1, 1940, that is, within three years of the first execution case filed by Plaintiff No. 2. This was dismissed for default on January 19, 1940. The third attempt for execution commenced on January 5, 1943, by Plaintiff No. 3 and the heirs of Plaintiff No. 2. This was dismissed for default on September 3, 1943. On July 17, 1944, a fresh application for execution was filed by the heirs of Premananda, Plaintiff No. 2 and by Jnanadananda Plaintiff No. 3. Execution was sought by this application against all the three Defendants. In col. 7 the amount due was mentioned as Rs. 5,135-15-2 pies as consisting of Rs. 5,108-15-2 jibes being the claim mentioned in the certificate from the court which had passed the decree and Rs. 27 being the costs of execution. In col. 10, the relief prayed was mentioned in these terms: It is prayed that the money may be realised by attachment and auction sale of the immovable property.;