JAGAT NARAYAN, J. - (1.) THESE three appeals arise out of a suit filed under Section 73(2), Civil P. C. by firm Ram Kumar Suraj Bux, against Laxmi Narain,, Smt. Surya Kumari and the legal representatives of Samar Singh which was decreed in part by the Senior Civil Judge No. 1, Jaipur City.
(2.) THE plaintiff firm Ram Kumar Suraj Bux as well as Samar Singh, Smt. Surya Kumari and Laxmi Narain, defendants obtained decrees against one Shiv Behari Tewari from different courts and put them into execution. The amounts of the decrees at the time of execution were as follows: - - Court Amountof decree 1. Plaintiff Senior Civil Judge, Jaipur 1,68,033.00 2. Samar Singh District Judge, Bhilwara 38,667.62 3. Laxmi Narain Senior Civil Judge, Jaipur 1,79,009.00 4. Smt. Surya Kumari Civil Judge, Shahpura (Bhilwara) 8,520.00 Shiv Behari Tewari worked as a contractor in the Irrigation Department. Payment of Rs. 57,509/ - was to be made to him by the Executive Engineer (Irrigation), Kankroli. Kankroli is situated within the jurisdiction of District Judge, Udaipur. This payment was 'sanctioned by the Chief Engineer on 26th March, 1958. The decree -holders got prohibitory orders served on the Executive Engineer Kankroli in respect of this payment under Order 21, Rule 52, Civil P. C, as mentioned below: - - Decree -holder Courtserving the order Amount ordered Date ofservice Smt. Surya Kumari Civil Judge, Shahpura 8,508 -11 -0 15 -1057 Samar Singh District Judge, Bhilwara 10,000/ - 25 -10 -57 15000/ - 10 -12 -57 Laxmi Narain Senior Civil Judge, Udaipur 84.000/ - 14 -3 -58 Bam Kumar Suraj Bux Senior Civil Judge, Jaipur 63,800/ - 31 -3 -58
(3.) LAXMI Narain got his execution transferred to the Court of Senior Civil Judge, Udaipur, and the latter court served the prohibitory order. Smt. Surya Kumari, Samar Singh and firm Ram Kumar Suraj Bux did not get their decrees transferred for execution to Udaipur Judgeship, but got the prohibitory orders served on the Executive Engineer Kankroli by the courts which passed the decrees, and in which their execution applications were pending.;