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Nursingdas Rughunathdas Vs. Tulsiram BIn Doulatram - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1878)ILR2Bom558
AppellantNursingdas Rughunathdas
RespondentTulsiram BIn Doulatram
Excerpt:
code of civil procedure (act x of 1877) section 268 - attachment and sale of bonds--courts of small causes. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of state v millind reported in 2001 91) mah. lj sc 1 is not the law declared by supreme court under.....1. under the provisions of section 268, the bonds cannot be sold till the end of six months from the date of attachment.2. it follows that, as a court of small causes cannot appoint a receiver, any bonds on which recovery will be time-barred before the date on which a sale can legally be made, cannot be made available for satisfaction of the judgment-creditor's debt.3. the code on this respect appears to require amendment.
Judgment:

1. Under the provisions of Section 268, the bonds cannot be sold till the end of six months from the date of attachment.

2. It follows that, as a Court of Small Causes cannot appoint a receiver, any bonds on which recovery will be time-barred before the date on which a sale can legally be made, cannot be made available for satisfaction of the judgment-creditor's debt.

3. The Code on this respect appears to require amendment.


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