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Chhaganlal Vs. Fazarali and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1889)ILR13Bom154
AppellantChhaganlal
RespondentFazarali and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 295 - decree--execution --rateable distribution of proceeds of decree--power of court to inquire into bona fides of the decree-holders while distributing such proceeds-practice. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high court for appointment of certain individual as arbitrator had become infructuous because of his demise held, high court of bombay, is.....charles sargent, c.j.1. the question referred to us is not without difficulty, but we are disposed to adopt the ruling of the calcutta high court in in re sunder dass i.l.r. 8 bom. 532 that the court distributing the proceeds of execution under section 295 of the civil procedure code (act xiv of 1882) should inquire into the bond, fides of the decree-holders if called in question and decide it in the same manner as all other questions that arise in execution. the party aggrieved will be entitled, under the last clause of section 295, to bring a regular suit to compel the successful judgment-creditor in execution to refund.
Judgment:

Charles Sargent, C.J.

1. The question referred to us is not without difficulty, but we are disposed to adopt the ruling of the Calcutta High Court in In re Sunder Dass I.L.R. 8 Bom. 532 that the Court distributing the proceeds of execution under Section 295 of the Civil Procedure Code (Act XIV of 1882) should inquire into the bond, fides of the decree-holders if called in question and decide it in the same manner as all other questions that arise in execution. The party aggrieved will be entitled, under the last clause of Section 295, to bring a regular suit to compel the successful judgment-creditor in execution to refund.


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