UNION OF INDIA Vs. CHAUTHI PROSAD GUPTA AND OTHERS

JUDGEMENT

(1.) THIS is an appeal by the Union of India against an order passed by the Subordinate Judge, Lower Assam Districts at Gauhati in an execution proceeding. The order under appeal does not set out the facts in detail and in order to appreciate the point, it will be necessary to give certain facts.

(2.) THE respondent Chauthi Prosad Gupta obtained a decree against one Thakur Prasad Joyaswal and others sometimes in the year 1947. The decree remained unsatisfied and it was transferred from Calcutta to Gauhati for execution. An application was then made on the 25th of May 1953 for execution of the decree against the judgment -debtors. In the execution petition Thakur Prasad Joyaswal Triloki Prasad Joyaswal and Siva Prasad Joyaswal, Co -partners of M/s. National Iron and Trading Corporation, Calcutta, were shown as judgment -debtors.

(3.) THE contention raised by Mr. Medhi appearing for the Union of India is that the Garrison Engineer and the Union of India were not sureties under Sec. 145 of the Code of Civil Procedure and thus no execution proceedings could he taken against them. Section 145 of the Code of Civil Procedure provides: