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Periatambi Odayan Vs. Vellaya Kavundun and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1898)8MLJ51
AppellantPeriatambi Odayan
RespondentVellaya Kavundun and anr.
Cases ReferredIn Ramayyan v. Srinivasa Pattar Ib.
Excerpt:
- .....bring a suit for the amount. the fact that no application was made within 60 days, distinguishes the present case from guruvayya v. vudayappa i.l.r. 18 m. 26 ; as the court then held that it was open to the plaintiff to seek relief in execution, it must be taken that the application was made within 60 days, though the report does not expressly state this. in ramayyan v. srinivasa pattar ib. 19 m. 230 the person relying on the adjustment was not entitled to make an application under section 258 c.p.c. within 60 days from the date of the adjustment as against the person who denied the adjustment, inasmuch as the latter was not then an assignee. that decision cannot be taken to justify an enquiry into an alleged adjustment after the expiry of 90 days from the time when a party relying on.....
Judgment:
ORDER

1. The finding is that the money was paid in full discharge of the judgment-debt, the 1st defendant undertaking to enter up satisfaction. No satisfaction was entered up, and no application to compel him to do so was made by plaintiff within 90 days of the payment. It was, therefore, not competent to the executing court to determine whether the payments had been made or not. The only course open to the plaintiff was that which he followed, viz., to bring a suit for the amount. The fact that no application was made within 60 days, distinguishes the present case from Guruvayya v. Vudayappa I.L.R. 18 M. 26 ; as the court then held that it was open to the plaintiff to seek relief in execution, it must be taken that the application was made within 60 days, though the report does not expressly state this. In Ramayyan v. Srinivasa Pattar Ib. 19 M. 230 the person relying on the adjustment was not entitled to make an application under Section 258 C.P.C. within 60 days from the date of the adjustment as against the person who denied the adjustment, inasmuch as the latter was not then an assignee. That decision cannot be taken to justify an enquiry into an alleged adjustment after the expiry of 90 days from the time when a party relying on the adjustment had become entitled to apply that adjustment should be recorded.

2. We must, therefore, dismiss the petition with costs.


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