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Nayana Naickan Vs. Hajarat Kibuliai Syed Gulam Ghowse Sha Sait Kadiri - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1910)20MLJ136
AppellantNayana Naickan
RespondentHajarat Kibuliai Syed Gulam Ghowse Sha Sait Kadiri
Excerpt:
- - the district muusif's order was clearly an order under section 244, civil procedure code, as it determined a question between the parties to the decree relating to the execution of the decree......petitioned the district munsif for his release, pleading exemption from arrest under section 642, civil procedure code. the district munsif dismissed the petition on the ground that the right to exemption was not proved. the district muusif's order was clearly an order under section 244, civil procedure code, as it determined a question between the parties to the decree relating to the execution of the decree. an appeal therefrom lay to the district judge. the remaining contention pressed is that the district munsif had no jurisdiction to entertain the petition for exemption.2. the district munsif who had power to issue a warrant for the respondent's arrest had surely power to issue orders for his release if he was found to have been illegally arrested at a time when he was exempt from.....
Judgment:

1. The first contention is that no appeal lay to the present Judge against the order of the District Munsif. The respondent, at the instance of the appellant, the decree-holder, was arrested in execution under a warrant issued by the District Munsif. He petitioned the District Munsif for his release, pleading exemption from arrest under Section 642, Civil Procedure Code. The District Munsif dismissed the petition on the ground that the right to exemption was not proved. The District Muusif's order was clearly an order under Section 244, Civil Procedure Code, as it determined a question between the parties to the decree relating to the execution of the decree. An appeal therefrom lay to the District Judge. The remaining contention pressed is that the District Munsif had no jurisdiction to entertain the petition for exemption.

2. The District Munsif who had power to issue a warrant for the respondent's arrest had surely power to issue orders for his release if he was found to have been illegally arrested at a time when he was exempt from arrest. Every warrant of arrest must be considered to be issued subject to the provisions of Section 642, Civil Procedure Code.

3. The appeal is dismissed with costs.


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