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MoidIn Kutty Vs. Kunhi Kutty Aly - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1902)12MLJ411
AppellantMoidIn Kutty
RespondentKunhi Kutty Aly
Cases Referred and Kedar Nath Chatterjee v. Rakhal Das Chatterjee I.L.R.
Excerpt:
- - 123 this decisionlis good law.1. having regard to the terms of the order made in the claim proceedings and to the fact that it was not proved that the plaintiff actually received notice of the claim proceedings, we are of opinion that the plaintiff is not a party against whom an order has been made within the meaning of section 283, code of civil procedure, and that the order is not conclusive as against him. we do not think the decision of the full bench in natietom p. damodrem nambudry v. tayanbarry parameshwaren nambudry 4 m.h. c. 472 precludes us from adopting this view. moreover, it seems doubtful whether, having regard to the observations made in the judgment of the privy council in the case of sardhari lai v. ambika pernhad 15 i.a. 123 this decisionlis good law. the bombay and calcutta high courts see, however.....
Judgment:

1. Having regard to the terms of the order made in the claim proceedings and to the fact that it was not proved that the plaintiff actually received notice of the claim proceedings, we are of opinion that the plaintiff is not a party against whom an order has been made within the meaning of Section 283, Code of Civil Procedure, and that the order is not conclusive as against him. We do not think the decision of the Full Bench in Natietom P. Damodrem Nambudry v. Tayanbarry Parameshwaren Nambudry 4 M.H. C. 472 precludes us from adopting this view. Moreover, it seems doubtful whether, having regard to the observations made in the judgment of the Privy Council in the case of Sardhari Lai v. Ambika Pernhad 15 I.A. 123 this decisionlis good law. The Bombay and Calcutta High Courts See, however Surnamoyi Desi v. Ashutosh Goswami I.L.R. 27 C. 714 have adopted a different view from that taken by the Full Bench in the case referred to. See Shivapa v. Dod Nagaya I.L.R. 11 B. 114 and Kedar Nath Chatterjee v. Rakhal Das Chatterjee I.L.R. 15 C. 274.

2. The second appeal is dismissed with costs.


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