R. B. CHAUDHARY RAGHURAJ SINGH versus MURARI LAL & ORS.

R. B. CHAUDHARY RAGHURAJ SINGH versus MURARI LAL & ORS.

Section 4 does not apply to a decree where the underlying debt was not secured at the time of institution of the suit, despite any charge created by the decree itself.

Parties
Appellant: R. B. Chaudhary Raghuraj Singh; Respondents: Murari Lal & Ors.
Jurisdiction
India
Judgment Date
16 March 1967
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment and Order Dated July 24, 1961 in Execution First Appeal No. 440 of 1953 and Civil Revision No. 1402 of 1959
Outcome
Appeals dismissed
Legal Topics
Secured Debt, Decree, Execution, Charge Creation
Civil Procedure Debt Reduction Secured Debt Decree Execution Charge Creation

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Parties

R. B. Chaudhary Raghuraj Singh

Appellant

Murari Lal & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment and Order Dated July 24, 1961 in Execution First Appeal No. 440 of 1953 and Civil Revision No. 1402 of 1959

Legal Issues

  1. 1 Whether Section 4 of the U.P. Zamindar's Debt Reduction Act, 1953 applies in a case where the decree created a charge but the debt was not secured at the time the suit was filed

Ratio Decidendi

Section 4 does not apply to a decree where the underlying debt was not secured at the time of institution of the suit, despite any charge created by the decree itself.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed with costs—one hearing fee