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Mercer Vs. Narpat Rai and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All730
AppellantMercer
RespondentNarpat Rai and anr.
Excerpt:
execution of decree - militaryofficer--stat. 40, vict., c. 7 (mutiny act, 1877), section 99. - .....at once. the object of the act is to prevent public servants whose services may be urgently required from being incapacitated to discharge such services. the appeal is decreed and the order of the judge discharged with.....
Judgment:

Turner, Officiating C.J.

1. The Judge of Allahabad, in receiving the application for execution, was bound to consider whether there was anything to prevent execution in the manner prayed. At the time the decree was passed the decree-holder obtained an order from the Court which passed the decree for the satisfaction of the decree by stoppage of half the defendant's pay. So long as that order subsists the decree-holder cannot obtain satisfaction of his decree by attachment, for it is clear to us that the decree-holder is not as against officers to whom the Mutiny Act is applicable, entitled to both remedies at once. The object of the Act is to prevent public servants whose services may be urgently required from being incapacitated to discharge such services. The appeal is decreed and the order of the Judge discharged with costs.


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