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Ponnusawmy Nadar and anr. Vs. V. Doraisawmy Aiyar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.247
AppellantPonnusawmy Nadar and anr.
RespondentV. Doraisawmy Aiyar
Cases ReferredSinnu Pandaram v. Santhoji Row
Excerpt:
civil procedure code (act xiv of 1882), section 246 - setting off decrees as against each other--decrees should be before court for execution. - - this section, however, clearly requires that both the decrees should be before the court for execution,-vide chajmal das v. j 428. the above requirement is not satisfied in the present case.1. what the plaintiff wants to do is to set off the decree in original suit no. 37 of 1893 against the decree in original suit no. 25 of 1899. he can only do this, if at all, under section 246, civil procedure code. this section, however, clearly requires that both the decrees should be before the court for execution,--vide chajmal das v. lal dharam singh 24 a.j 481. the precise point now under consideration was not raised and decided in sinnu pandaram v. santhoji row 26 m.j 428. the above requirement is not satisfied in the present case. we reverse the lower court's order and restore the order of the subordinate judge, dated 13th october 1906, with all costs subsequent thereto.
Judgment:

1. What the plaintiff wants to do is to set off the decree in Original Suit No. 37 of 1893 against the decree in Original Suit No. 25 of 1899. He can only do this, if at all, under Section 246, Civil Procedure Code. This section, however, clearly requires that both the decrees should be before the Court for execution,--Vide Chajmal Das v. Lal Dharam Singh 24 A.j 481. The precise point now under consideration was not raised and decided in Sinnu Pandaram v. Santhoji Row 26 M.j 428. The above requirement is not satisfied in the present case. We reverse the lower Court's order and restore the order of the Subordinate Judge, dated 13th October 1906, with all costs subsequent thereto.


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