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Jhamman Lal and anr. Vs. Kewal Ram - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1900)ILR22All121
AppellantJhamman Lal and anr.
RespondentKewal Ram
Excerpt:
execution of decree - civil procedure code, section 244--suit brought under circumstances where the proper remedy was by application under section 244--discretion of court to treat the plaint as an application under section 244. - blair and burkitt, jj.1. we thoroughly concur in the reasoning which has induced the calcutta high court in biru mahata v. shyama churn khawas (1895) i.l.r. 22 cal. 483, and the madras high court in mayan pathuti v pakuran (1898) i.l.r. 22 mad., 347, to pass by the formal defect in bringing a suit instead of making an application under section 244 of the code of civil procedure, it seems to us a reasonable exercise of discretion and one which could do no injury to the parties. the appeal is decreed. the decree of the lower appellate court is set aside, and that of the first court is restored with costs in all courts.
Judgment:

Blair and Burkitt, JJ.

1. We thoroughly concur in the reasoning which has induced the Calcutta High Court in Biru Mahata v. Shyama Churn Khawas (1895) I.L.R. 22 Cal. 483, and the Madras High Court in Mayan Pathuti v Pakuran (1898) I.L.R. 22 Mad., 347, to pass by the formal defect in bringing a suit instead of making an application under Section 244 of the Code of Civil Procedure, It seems to us a reasonable exercise of discretion and one which could do no injury to the parties. The appeal is decreed. The decree of the Lower Appellate Court is set aside, and that of the first Court is restored with costs in all Courts.


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