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Ganesh Mahadev Sahasrabudhe Vs. Yeshwant Mahadev Phadke - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCivil Extraordinary Application No. 104 of 1922
Judge
Reported inAIR1923Bom253; (1923)25BOMLR247; 95Ind.Cas.410
AppellantGanesh Mahadev Sahasrabudhe
RespondentYeshwant Mahadev Phadke
Excerpt:
.....by taking out a darkhast recovers the amount over again, there is no bar to the judgment-debtor from seeking to recover the amount which he has paid to his creditor without its being certified. - section 3: [s.b. mhase, d.s. bhosale & a.s. oka, jj] offences of atrocities - complaint under held, merely because the caste of the accused is not mentioned in the fir stating whether he belongs to scheduled caste or scheduled tribe, it cannot be a ground for quashing the complaint. after ascertaining the facts during he course of investigation it is always open to the investigating officer to record tht the accused either belongs to or does not belongs to schedule caste or scheduled tribe. after final opinion is formed, it is open to the court to either accept the same or take.....norman macleod, kt., c.j.1. the rule must be made absolute and the case sent back for trial on its merits, the plaintiff alleged that he had made a payment of rs. 300 to his pleader who had paid the amount to the judgment-creditor. as it was not certified under order xxi, rule 2, the court executing the decree could take no cognizance of that payment, but if the creditor by taking out a darkhast recovered the amount over again that would not bar the judgment-debtor from seeking to recover the amount which r. he had paid to his creditor without its being certified. costs will abide the result.
Judgment:

Norman Macleod, Kt., C.J.

1. The Rule must be made absolute and the case sent back for trial on its merits, The plaintiff alleged that he had made a payment of Rs. 300 to his pleader who had paid the amount to the judgment-creditor. As it was not certified under Order XXI, Rule 2, the Court executing the decree could take no cognizance of that payment, but if the creditor by taking out a Darkhast recovered the amount over again that would not bar the judgment-debtor from seeking to recover the amount which r. he had paid to his creditor without its being certified. Costs will abide the result.


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