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Subbarama Ayyar and ors. Vs. Nagammal - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1901)ILR24Mad683
AppellantSubbarama Ayyar and ors.
Cases ReferredRam Kirpa Shukul v. Mussumat Rup Kuari L.R.
practice - execution of decree--declaratory decree erroneously construed as a decree capable of execution--orders in execution after notice to judgment-debtor and without contest by him--subsequent objection that the decree was not capable of execution--judgment-debtor bound by previous orders. - .....20 years was not executable.3. the appeal is dismissed with.....

1. We agree with the Lower Courts in thinking this to be a case governed by the ruling in Venkatanarasimha Naidu v. Papammah I.L.R. 19 Mad. 54 the only difference (if any) being that the judgment-debtor in this case appears never to have contested any of the applications for execution. In our opinion, as the judgment-debtor had notice of those applications he is bound by the orders passed thereon, as the Subordinate Judge who passed those orders must be held, whether rightly or wrongly, to have determined that the decree was executable Mungul Pershad Dichit v. Grija Kant Lahiri Chowdhry L.R. 8 IndAp 123 : I.L.R. 8. Calc. 51.

2. As observed by their Lordships in a similar case, Ram Kirpa Shukul v. Mussumat Rup Kuari L.R. 11 IndAp 37: I.L.R. 6 All. 269it would be a reproach upon the administration of justice if the plaintiff were now to be told that her decree that has been executed for the last 20 years was not executable.

3. The appeal is dismissed with costs.

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