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Badmi Seshiah Vs. Katti Chinna Marippa and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in52Ind.Cas.928
AppellantBadmi Seshiah
RespondentKatti Chinna Marippa and anr.
Cases ReferredRamaswami Sastrulu v. Kameswaramma
Excerpt:
civil procedure code (act v of 1908), section 47, order xxi, rule 103 - rule 103, whether restricted by provisions of section 47. - 1. plaintiff is not a judgment-debtor; and order xxi, rule 103, of the code of civil procedure specially gives him a right of suit. this rule is not, in our opinion, restricted by the general provisions of section 47 of the code of civil procedure. the decision in ramaswami sastrulu v. kameswaramma 10 m.l.j. 126was passed under the old code; and we may respect, fully add, does not consider the distillation between a party to the suit and judgment debtor as defined in the code. the appeal is dismissed with costs.
Judgment:

1. Plaintiff is not a judgment-debtor; and Order XXI, Rule 103, of the Code of Civil Procedure specially gives him a right of suit. This rule is not, in our opinion, restricted by the general provisions of Section 47 of the Code of Civil Procedure. The decision in Ramaswami Sastrulu v. Kameswaramma 10 M.L.J. 126was passed under the old Code; and we may respect, fully add, does not consider the distillation between a party to the suit and judgment debtor as defined in the Code. The appeal is dismissed with costs.


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