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Krishnamurthi Aiyar Vs. Narayanasawmy Aiyar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1904)14MLJ295
AppellantKrishnamurthi Aiyar
RespondentNarayanasawmy Aiyar
Excerpt:
- - 1. it is obvious that the petitioner alleges that the acts complained of were improperly done by the counter-petitioner and the claim in execution of the decree by attachment of moveable properties in supposed pursuance of an order of the court.1. it is obvious that the petitioner alleges that the acts complained of were improperly done by the counter-petitioner and the claim in execution of the decree by attachment of moveable properties in supposed pursuance of an order of the court.2. we are clear that these allegations raise questions relating to the execution of the decree and are to be enquired in to under section 244 of the civil procedure code and not by separate suit;3. we therefore allow the appeal, set aside the order of the subordinate judge and direct that he do take the petition on his file and dispose of it according to law.4. the costs will abide the event.
Judgment:

1. It is obvious that the petitioner alleges that the acts complained of were improperly done by the counter-petitioner and the claim in execution of the decree by attachment of moveable properties in supposed pursuance of an order of the court.

2. We are clear that these allegations raise questions relating to the execution of the decree and are to be enquired in to under Section 244 of the Civil Procedure Code and not by separate suit;

3. We therefore allow the appeal, set aside the order of the Subordinate Judge and direct that he do take the petition on his file and dispose of it according to law.

4. The costs will abide the event.


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