Mahant Ishwargar Vs. Chudasama Manabhai and ors. - Court Judgment
|Judge||Charles Sargent, C.J. and ;Nanabhai Haridas, J.|
|Respondent||Chudasama Manabhai and ors.|
civil procedure code (act xiv) of 1882, sections 2, 244 and 617 - decree--stay of execution--amount of security required on granting stay of execution a question in execution and order thereon appealable. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of his property to s and 50% to j in a letter addressed to the 1st respondent, viz., s, he is purported to have recorded that the he had given.....charles sargent, c.j.1. the question as to the amount of security to be given by the defendant as the condition of the stay of execution of the decree against him was a question now 'relating to execution' within the contemplation of section 244 of the civil procedure code, and, therefore, an order determining that question would be appealable under section 2 of the civil procedure code-ghazidin v. fakir bakhsh i.l.r. 7 all. 73; udeyadeta deb v. gregson i.l.r. 12 cal. 624. no reference, therefore, lies to this court under section 617, even assuming that section to apply to a proceeding of this nature under section 647. plaintiffs to pay defendant his costs.
Charles Sargent, C.J.
1. The question as to the amount of security to be given by the defendant as the condition of the stay of execution of the decree against him was a question now 'relating to execution' within the contemplation of Section 244 of the Civil Procedure Code, and, therefore, an order determining that question would be appealable under Section 2 of the Civil Procedure Code-Ghazidin v. Fakir Bakhsh I.L.R. 7 All. 73; Udeyadeta Deb v. Gregson I.L.R. 12 Cal. 624. No reference, therefore, lies to this Court under Section 617, even assuming that section to apply to a proceeding of this nature under Section 647. Plaintiffs to pay defendant his costs.