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Chinna Settayya Vs. Krishnavanamma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1896)ILR19Mad435
AppellantChinna Settayya
RespondentKrishnavanamma
Excerpt:
execution - partition by collector--civil procedure code, sections 265, 360--jurisdiction of court to hear objections to the division ordered by collector. - .....power has been curtailed by special legislation so far as regards section 320 of the code of civil procedure (see section 30 of act vii of 1888). the amendments effected thereby are, however, not made applicable to section 265 of the code, as they should have been if it had been intended by the legislature to limit the natural jurisdiction of the court in respect to this section.3. we are, therefore, of opinion that the district judge had power to hear objections to the divisions made by the collector. his order declining to interfere is, therefore, reversed, and he is directed to replace the petition on his file and dispose of it.4. no order is required as to costs.
Judgment:

1. We agree with the principle laid down in Mahadaji Karan-dikar v. Hari D. Chikne l.L.R. 7 Bom. 332 that 'the Court that-bas made a decree or judicial order which has then been transmitted for execution to a Collector is not deprived of the judicial powers with respect to it, which may still, at any particular time, be competent to such Court, and which it would have had had the order been placed in the hands of its own ordinary officer, the Nazir.'

2. This general power has been curtailed by special legislation so far as regards Section 320 of the Code of Civil Procedure (see Section 30 of Act VII of 1888). The amendments effected thereby are, however, not made applicable to Section 265 of the Code, as they should have been if it had been intended by the Legislature to limit the natural jurisdiction of the Court in respect to this section.

3. We are, therefore, of opinion that the District Judge had power to hear objections to the divisions made by the Collector. His order declining to interfere is, therefore, reversed, and he is directed to replace the petition on his file and dispose of it.

4. No order is required as to costs.


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