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Abdul Rahiman and ors. Vs. Mahomed Kassim - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad29
AppellantAbdul Rahiman and ors.
RespondentMahomed Kassim
Excerpt:
civil procedure code - act xiv of 1882, sections 244, 337(a)--order directing the release of judgment-debtor--appeal. - 1. though the order of the district munsif was passed under the authority given to him by section 337 (a), civil procedure code, yet it was none the less an order in a question arising between the parties to the suit and relating to the execution of the decree so as to fall within section 244 (c), civil procedure code. such order is a decree under section 2 of the code, and is therefore open to appeal. 2. we must, therefore, set aside the order of the district judge, and remand the appeal for disposal on the merits. costs will abide and follow the order of the lower appellate court.
Judgment:

1. Though the order of the District Munsif was passed under the authority given to him by Section 337 (a), Civil Procedure Code, yet it was none the less an order in a question arising between the parties to the suit and relating to the execution of the decree so as to fall within Section 244 (c), Civil Procedure Code. Such order is a decree under Section 2 of the Code, and is therefore open to appeal.

2. We must, therefore, set aside the order of the District Judge, and remand the appeal for disposal on the merits. Costs will abide and follow the order of the lower Appellate Court.


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