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Tadakamalla Narasimha Row and anr. Vs. Sambarow Rama Row and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1895)5MLJ79
AppellantTadakamalla Narasimha Row and anr.
RespondentSambarow Rama Row and anr.
Excerpt:
- 1. the only contention before us is that th suit will not lie as plaintiffs' remedy is by execution of the raz decree. when plaintiffs sought to execute the decree, they wer met with the objection that the proper remedy was by suit an this objection was held to be valid. now when a suit is brough defendants turn round and plead that the proper remedy is b execution.2. we are of opinion that he is estopped by the former orde and cannot be allowed to blow hot and cold.3. we dismiss this appeal with costs.
Judgment:

1. The only contention before us is that th suit will not lie as plaintiffs' remedy is by execution of the raz decree. When plaintiffs sought to execute the decree, they wer met with the objection that the proper remedy was by suit an this objection was held to be valid. Now when a suit is brough defendants turn round and plead that the proper remedy is b execution.

2. We are of opinion that he is estopped by the former orde and cannot be allowed to blow hot and cold.

3. We dismiss this appeal with costs.


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