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In Re: Balusu Subbaraidu and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1939)2MLJ609
AppellantIn Re: Balusu Subbaraidu and ors.
Excerpt:
- 1. this being an order on an application under section 19 of madras act iv of 1938, made while no proceedings in execution were pending, is not appealable. it cannot be considered to be a question under section 47, civil procedure code, in the absence of any execution proceedings.2. moreover on the merits we think the learned sub-judge's decision was correct. this appeal is dismissed under order 41, rule 11, civil procedure code.
Judgment:

1. This being an order on an application under Section 19 of Madras Act IV of 1938, made while no proceedings in execution were pending, is not appealable. It cannot be considered to be a question under Section 47, Civil Procedure Code, in the absence of any execution proceedings.

2. Moreover on the merits we think the learned Sub-Judge's decision was correct. This appeal is dismissed under Order 41, Rule 11, Civil Procedure Code.


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