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Chillakore Yerra Musala Reddy Vs. Pattangi Ramayya and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.125
AppellantChillakore Yerra Musala Reddy
RespondentPattangi Ramayya and anr.
Excerpt:
civil procedure code (act xi v of 1882), sections 278 and 622 - attachment of decree--claim by assignee of decree from judgment-debtor--assignment not recognised by court passing the decree--rejection (sic) claim petition owing to non-recognition of assignment--failure to exercise jurisdiction--illegality. - - we think the district munsif was wrong in refusing to investigate the claim and that he failed to exercise the jurisdiction vested in him.1. the facts are stated in appeal against the order no. 157 of 1908. as pointed out in the judgment in that case the petitioner's remedy was to put in a claim in the district munsif's court. this the petitioner did, but the district munsif without going into the merits dismissed the claim on the ground that the district judge had refused to recognise the assignment. we think the district munsif was wrong in refusing to investigate the claim and that he failed to exercise the jurisdiction vested in him. we, therefore, set aside his order and direct him to dispose of the claim of the petitioner according to law. costs will abide the result.
Judgment:

1. The facts are stated in appeal against the Order No. 157 of 1908. As pointed out in the judgment in that case the petitioner's remedy was to put in a claim in the District Munsif's Court. This the petitioner did, but the District Munsif without going into the merits dismissed the claim on the ground that the District Judge had refused to recognise the assignment. We think the District Munsif was wrong in refusing to investigate the claim and that he failed to exercise the jurisdiction vested in him. We, therefore, set aside his order and direct him to dispose of the claim of the petitioner according to law. Costs will abide the result.


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