Skip to content


Venkatasubba Naidu Vs. W.D. Smith and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1900)10MLJ116
AppellantVenkatasubba Naidu
RespondentW.D. Smith and ors.
Excerpt:
- 1. in respect of the decree sought to be executed, namely, the decree in o.s. no. 33 of 1899, it appears to us clear that {he appellant is neither a party nor a representative ' party; he is a complete stranger to that decree seeking to save his property, to wit, the decree in the city civil court, suit no. 28 of 1898, from attachment claim. in our opinioh the claim was rightly framed under section 278 of the code of civil procedure and ought to have been disposed of accordingly.2. we must, accordingly desire the learned judge to deal with the claim providing also for the costs of this appeal.
Judgment:

1. In respect of the decree sought to be executed, namely, the decree in O.S. No. 33 of 1899, it appears to us clear that {he appellant is neither a party nor a representative ' party; He is a complete stranger to that decree seeking to save his property, to wit, the decree in the City Civil Court, Suit No. 28 of 1898, from attachment claim. In our opinioh the claim was rightly framed under Section 278 of the Code of Civil Procedure and ought to have been disposed of accordingly.

2. We must, accordingly desire the learned Judge to deal with the claim providing also for the costs of this appeal.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //