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Palanippa Chettiar by Agent, Veerararaghava Iyengar Vs. Velayuta Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.421
AppellantPalanippa Chettiar by Agent, Veerararaghava Iyengar
RespondentVelayuta Pillai and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 210 - jurisdiction of court to order postponement of execution at the time of pissing a decree--civil procedure code (act v of 1908), order xx, rule 11. - .....that its execution shall be postponed for a year. the case arose during the operation of the old civil procedure code which by section 210 only enables the court to order payment of the decretal amount by instalments. but the new code by order xx, rule 11, expressly confers on the court such power as has been exercised by the district munsif in this case. that indicates that the power in question cannot be said to be unreasonable or in violation of any principles of justice. it has been ruled that the civil procedure code of 1882 did not take away such powers as are inherent in a court to do justice between the parties. i am inclined to hold that the district munsif in postponing execution of the decree for a year in the circumstances of this case did not exceed his powers.2. the.....
Judgment:

Abdur Rahim, J.

1. The question raised is whether the Court has power to say, at the time of passing a decree, that its execution shall be postponed for a year. The case arose during the operation of the old Civil Procedure Code which by Section 210 only enables the Court to order payment of the decretal amount by instalments. But the new Code by Order XX, Rule 11, expressly confers on the Court such power as has been exercised by the District Munsif in this case. That indicates that the power in question cannot be said to be unreasonable or in violation of any principles of justice. It has been ruled that the Civil Procedure Code of 1882 did not take away such powers as are inherent in a Court to do justice between the parties. I am inclined to hold that the District Munsif in postponing execution of the decree for a year in the circumstances of this case did not exceed his powers.

2. The petition is dismissed but without costs as the respondents did not appear.


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