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Krishnama Chariar Vs. Appasami Mudaliar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad545
AppellantKrishnama Chariar
RespondentAppasami Mudaliar and anr.
Cases ReferredBadri Narain v. Jai Kishen Das I.L.R.
Excerpt:
civil procedure code - act xiv of 1882, section 244--determination of question whether party applying for execution is representative of decree-holder--appeal. - 1. the decision in sambasiva v. srinivasa i.l.r. 12 mad. 511 by which the district judge considered himself bound was not passed with reference to the last clause of section 244: of the civil procedure code, which clause was added by act vii of 1888. the effect of the amendment was considered in manikkam v. tatayya i.l.r. 21 mad. 388 and the decision in badri narain v. jai kishen das i.l.r. 16 all. 483 was referred to with approval as deciding the question. we are of opinion that the effect of the amendment is to give the right of appeal against an order determining whether a party applying for execution is or is not the representative of the decree-holder.2. we allow this second appeal with costs and remand the appeal to the district judge for disposal according to law.
Judgment:

1. The decision in Sambasiva v. Srinivasa I.L.R. 12 Mad. 511 by which the District Judge considered himself bound was not passed with reference to the last clause of Section 244: of the Civil Procedure Code, which clause was added by Act VII of 1888. The effect of the amendment was considered in Manikkam v. Tatayya I.L.R. 21 Mad. 388 and the decision in Badri Narain v. Jai Kishen Das I.L.R. 16 All. 483 was referred to with approval as deciding the question. We are of opinion that the effect of the amendment is to give the right of appeal against an order determining whether a party applying for execution is or is not the representative of the decree-holder.

2. We allow this second appeal with costs and remand the appeal to the District Judge for disposal according to law.


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