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Krishnan (Minor) by His Next Friend Pathma Parvathi Ammal Vs. Venkatapath Chett - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad318
AppellantKrishnan (Minor) by His Next Friend Pathma Parvathi Ammal
RespondentVenkatapath Chett
Cases ReferredVaidhinathasamy Ayyar v. Somasundaram Pilai I.L.R. Mad.
Excerpt:
civil procedure code - act xiv of 1882, sections 244, 246--person attaching decree representative of decree-holder under section 214--decree directing sale of property for money due is a decree for money within the meaning of section 246. - .....set aside the order of the courts below and remand the petition to the district munsif for disposal according to law. costs in this and in the lower appellate court will abide and follow the.....
Judgment:

1. As regards the preliminary objection, we think that it must be over-ruled under the authority of the case of Sah Man Mull v. Kanagasabnathi I.L.R. Mad. 20 followed in Pranal Annee v. Sreeneavsa Mudali C.M.A. Nos. 152 to 156 of 1901.

2. On the merits, we think that the decree (in Original Suit No. 5 of 1900) which is attached is essentially a decree for money. The case of Mallikarjuna Sastri v. Narasimha Rao I.L.R. Mad. 412 relied on by the District Munsif has been recently over-ruled by the Full Bench in Vaidhinathasamy Ayyar v. Somasundaram Pilai I.L.R. Mad. 473. It is therefore open to the appellant to set off against the decree in Original Suit No. 5 of 1900 any decree for money which he holds against the decree-holder therein.

3. We must therefore set aside the order of the Courts below and remand the petition to the District Munsif for disposal according to law. Costs in this and in the lower Appellate Court will abide and follow the result.


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