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Krishnaswami Aiyar Vs. T.A. Rangaswami Nayadu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1078; 30Ind.Cas.517
AppellantKrishnaswami Aiyar
RespondentT.A. Rangaswami Nayadu
Excerpt:
surety - security-money, when legally payable to judgment-credit or--notice to surety. - srinivasa aiyangar, j.1. the lower court does not find that there was service of the previous notice calling upon the surety to show cause why his security amount should not he utilised for payment to the judgment-creditor. without a finding that the conditions of the bond had not been complied with and without a finding that the service was proper, the lower court was not entitled to pay the surety's money to the judgment-creditor. i reverse the order of the lower court and remand the petition for inquiry according to law in the light of the above observations. costs will be provided for in the revised order.
Judgment:

Srinivasa Aiyangar, J.

1. The lower Court does not find that there was service of the previous notice calling upon the surety to show cause why his security amount should not he utilised for payment to the judgment-creditor. Without a finding that the conditions of the bond had not been complied with and without a finding that the service was proper, the lower Court was not entitled to pay the surety's money to the judgment-creditor. I reverse the order of the lower Court and remand the petition for inquiry according to law in the light of the above observations. Costs will be provided for in the revised order.


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