- (1.) IN Civil Suit No. 3 of 1926 the Court of first instance decreed the plain-tiff's claim for Rs. 1,66,570/- with future interest at annas fourteen per cent per mensem with a lien for that amount on the properties of 'rai Sahib' Rup Narain insolvent. The relevant portion of the decree passed in that suit on 5-8-1929 reads: "it is hereby ordered that the defendants are directed to pay Rs. 1,66,570/- with future interest at-/14/- per cent. per mensem till payment with costs of the suit. It is also ordered that in default of payment 3/4th share belonging to R. S. Mr. Rup Narain in barh Shahbulla property would be sold and the sale proceeds after deducting thereout expenses of the sale would be paid to the plaintiff up to the amount due to him, the balance if any would be paid to the Official Receiver during the insolvency, of Mr. Rup Narain and otherwise to him; in case of deficiency the plaintiff would be entitled to get his 'pro rata' share from the Official receiver during insolvency but after annulment of the insolvency of R. S. Mr. Rup Narain or discharge he would be at liberty to apply for a personal decree against him. It is further ordered that defendant do also pay Rs. 3,344/- the costs of this suit to the plai\ntiff. " From the decree passed by the Senior Subordinate Judge, Delhi, in Civil Suit No. 3 of 1926 the official Receiver of the estate of 'rai Sahib' Rup Narain insolvent preferred Civil Appeal No. 2699 of 1929 in the High Court of Lahore. On 16-11-1933 the High Court while disallowing the claim of 'lala' Shibba Mal for priority over other creditors maintained the decree for Rs. 1,66,570/- with interest thereon at annas fourteen per cent. per mensem from 5-8-1929 up to the date of the realization of the decretal amount. Parties were left to bear their own costs in both the courts.
(2.) DURING the pendency of Civil Appeal No. 2699 of 1929 'lala' Nand Kishore, legal representative of 'lala' Shibba Mal, applied for execution and the executing Court gave permission to 'lala' Nand Kishore to bid at the auction sale on his furnishing security for the restitution of the amounts realized by him in the execution of that decree. Pursuant to that order by a registered bond 'lala' Nand Kishore charged annas fourteen pies six share in the Royal hotel, Queens Road, Delhi, for the restitution of the money he might realize in execution. In the execution proceedings 'lala' Nand Kishore realized Rs. 1,09,000/ -.
(3.) FROM the decree passed by the High Court 'lala' Nand Kishore applied for leave to appeal to the Privy Council. That leave was granted in Civil Miscellaneous No. 701 of 1933. In those proceedings 'lala' Nand Kishore applied that the Official Receiver may be restrained from realizing from him Rs. 1,09,000/-pending the decision of the Privy Council appeal. The application was granted subject to the applicant furnishing security for the restitution of Rs. 1,09,000/- carrying interest at the rate of rupees six per cent. per annum. The security was furnished on 13-3-1934. The appeal in the Privy Council failed on 17-10-1938.;