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Venkatanarasimhulu and ors. Vs. Narasimhamurti and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1900)10MLJ241
AppellantVenkatanarasimhulu and ors.
RespondentNarasimhamurti and anr.
Excerpt:
- - the order appealed against is clearly wrong.1. we agree that there would be no appeal in this case but for the fact that the commissioner set the court in motion as ii he were a party to the decree, and, therefore, cannot now be allowed to turn round and say that his application is not made under section 244 of the code. the order appealed against is clearly wrong. the order for payment of fees to the commissioner is not an order which can be 'executed at the instancs of the commissioner as if he were party to a decree.2. the order ought to have provided for payment of the money into court (section 397) or it was open for the commissioner to sue.3. we inust reverse the order as one made without jurisdiction and with costs throughout.
Judgment:

1. We agree that there would be no appeal in this case but for the fact that the commissioner set the court in motion as ii he were a party to the decree, and, therefore, cannot now be allowed to turn round and say that his application is not made under Section 244 of the Code. The order appealed against is clearly wrong. The order for payment of fees to the commissioner is not an order which can be 'executed at the instancs of the commissioner as if he were party to a decree.

2. The order ought to have provided for payment of the money into court (Section 397) or it was open for the commissioner to sue.

3. We inust reverse the order as one made without jurisdiction and with costs throughout.


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