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Krishnan Nayar Vs. Ittinan Nayar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad637
AppellantKrishnan Nayar
Respondentittinan Nayar
Excerpt:
civil procedure code - act xiv of 1882, sections 336, 349--release of judgment-debtor on finding a surety for his production at a specified time--death of judgment-debtor before the expiration of that time--release of surety --execution of decree as against surety--illegality. - 1. it is impossible to support the order. either the order was wholly illegal for want of jurisdiction in the court, or, if the security was legally taken, the obligation was discharged by the death of the judgment-debtor. in our opinion the courts had no jurisdiction to enforce the obligation as a decree, and therefore, treating the appeal as a petition under section 622 of the coda of civil procedure, we set aside the orders of the courts below. the respondent must pay the petitioner's cost throughout.
Judgment:

1. It is impossible to support the order. Either the order was wholly illegal for want of jurisdiction in the Court, or, if the security was legally taken, the obligation was discharged by the death of the judgment-debtor. In our opinion the Courts had no jurisdiction to enforce the obligation as a decree, and therefore, treating the appeal as a petition under Section 622 of the Coda of Civil Procedure, we set aside the orders of the Courts below. The respondent must pay the petitioner's cost throughout.


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