Skip to content


Tiruvengada Chari Vs. Vythilinga Pillai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad418
AppellantTiruvengada Chari
RespondentVythilinga Pillai
Excerpt:
civil procedure code, section 273 - decree--execution--judgment debt--sale--procedure. - charles a. turner, kt., c.j. and muttusami ayyar, j.1. we are of opinion that a decree for money, though it be a judgment debt, is not liable as a 'debt' to sale in execution of a decree. the judgment debt could be rendered available in execution without attachment, and section 273 appears to be imperative as to the procedure to be adopted to secure the judgment debt and make it available to satisfy the claim of the attaching decree-holder. for reasons which are sufficiently obvious, e.g., the uncertainty of its value, the code, it appears to us, prescribes a particular procedure which renders the sale of a money-decree unnecessary.--2. the order of the munsif was right, and the application must be dismissed with costs.
Judgment:

Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.

1. We are of opinion that a decree for money, though it be a judgment debt, is not liable as a 'debt' to sale in execution of a decree. The judgment debt could be rendered available in execution without attachment, and Section 273 appears to be imperative as to the procedure to be adopted to secure the judgment debt and make it available to satisfy the claim of the attaching decree-holder. For reasons which are sufficiently obvious, e.g., the uncertainty of its value, the Code, it appears to us, prescribes a particular procedure which renders the sale of a money-decree unnecessary.--

2. The order of the Munsif was right, and the application must be dismissed with costs.


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