Skip to content


Veerabadhrappa Chetty Vs. Chinnammah - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1898)8MLJ189
AppellantVeerabadhrappa Chetty
RespondentChinnammah
Excerpt:
- - such costs would ordinarily be recoverable in execution, and, in the absence of a specific order making their payment a condition precedent to hearing the counter-petitioner's evidence, the counter-petitioner's failure to pay would not render section 158 applicable.1. so far as appears from the record, the district judge seems to have dismissed the petition under section 158 of the code of civil procedure, on the ground that the costs which the counter-petitioner (appellant before us) had been ordered to pay had not been paid. such costs would ordinarily be recoverable in execution, and, in the absence of a specific order making their payment a condition precedent to hearing the counter-petitioner's evidence, the counter-petitioner's failure to pay would not render section 158 applicable.2. we must, therefore, set aside the order of the district judge and direct that the petition be restored to the file and be dealt with according to law. costs will abide and follow the result.
Judgment:

1. So far as appears from the record, the District Judge seems to have dismissed the petition under Section 158 of the Code of Civil Procedure, on the ground that the costs which the counter-petitioner (appellant before us) had been ordered to pay had not been paid. Such costs would ordinarily be recoverable in execution, and, in the absence of a specific order making their payment a condition precedent to hearing the counter-petitioner's evidence, the counter-petitioner's failure to pay would not render Section 158 applicable.

2. We must, therefore, set aside the order of the District Judge and direct that the petition be restored to the file and be dealt with according to law. Costs will abide and follow the result.


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