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Jambuvayyan Vs. Venkatarayar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1896)ILR19Mad65
AppellantJambuvayyan
RespondentVenkatarayar
Excerpt:
civil procedure code - act xiv of 1882, section 344--insolvent judgment-debtor--decree passed on appeal--jurisdiction of original court to make declaration of insolvency. - 1. it is conceded that if the subordinate court had, in the first instance, decreed in plaintiff's favour, it would have had jurisdiction to entertain an application under section 341, but it is contended that it is otherwise, since the subordinate court dismissed the plaintiff's claim and the decree in his favour was passed by the appellate court.2. if this argument be valid, the jurisdiction of the subordinate court would also be ousted, if the plaintiff had obtained a decree in his favour in the first instance, and that decree had subsequently been confirmed on appeal, since the decree to be executed would be that of the appellate court.3. there can be no doubt that the subordinate court must execute the decree of an appellate court, reversing its own, and that in that respect it is.....
Judgment:

1. It is conceded that if the Subordinate Court had, in the first instance, decreed in plaintiff's favour, it would have had jurisdiction to entertain an application under Section 341, but it is contended that it is otherwise, since the Subordinate Court dismissed the plaintiff's claim and the decree in his favour was passed by the Appellate Court.

2. If this argument be valid, the jurisdiction of the Subordinate Court would also be ousted, if the plaintiff had obtained a decree in his favour in the first instance, and that decree had subsequently been confirmed on appeal, since the decree to be executed would be that of the Appellate Court.

3. There can be no doubt that the Subordinate Court must execute the decree of an Appellate Court, reversing its own, and that in that respect it is regarded for all intents and purposes as the Court which passed the decree.

4. We think the order of the learned Judge was right and dismiss this appeal with costs.


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