Lakshmi Narasimha Vs. Atchanna and ors. - Court Judgment
|Judge||Parker and ;Shephard, JJ.|
|Respondent||Atchanna and ors.|
|Cases Referred|| and Shankar Bisto Nadgir v. Narsinghrao Ramchandra I.L.R.|
civil procedure code, sections 373, 647 - application for execution struck off for non-payment of process fees--subsequent application. - 1. the ruling in radha charan v. man singh i.l.r. 12 all. 392 has never been adopted as the correct view of the law in this presidency, see ramanadan v. periatambi i.l.r. 6 mad. 250 or in calcutta and bombay, see wajihan alias alijan v. bishwanath parshad i.l.r. 18 cal. 462 and shankar bisto nadgir v. narsinghrao ramchandra i.l.r. 11 bom. 467--and we cannot follow it.2. the order of the subordinate judge must be set aside and that of district munsif restored. appellant is entitled to his costs in this and in the lower appellate court.
1. The ruling in Radha Charan v. Man Singh I.L.R. 12 All. 392 has never been adopted as the correct view of the law in this Presidency, see Ramanadan v. Periatambi I.L.R. 6 Mad. 250 or in Calcutta and Bombay, see Wajihan alias Alijan v. Bishwanath Parshad I.L.R. 18 Cal. 462 and Shankar Bisto Nadgir v. Narsinghrao Ramchandra I.L.R. 11 Bom. 467--and we cannot follow it.
2. The order of the Subordinate Judge must be set aside and that of District Munsif restored. Appellant is entitled to his costs in this and in the Lower Appellate Court.