Skip to content


T.A. Anantha Rama Aiyar and anr. Vs. Kumaraswami Pandaram - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in54Ind.Cas.922
AppellantT.A. Anantha Rama Aiyar and anr.
RespondentKumaraswami Pandaram
Cases ReferredAsud Ali Molla v. Haider Ali
Excerpt:
civil procedure code (act v of 1908), order xxi, rules 2, 16 - transfer of decree, application for, recognition of--uncertified payment out of court, plea of, sustainability of. - .....the discharge alleged by the defendant, it certainly could not be set up against the original decree holder vide budrudeen v. gulam moideen 12 ind. cas. 562 : 36 m.p 357 : 10 m.l.t. 396 : (1911) 2 m.w.n. 473 : 24 m.l.j. 541. it is argued that it may nevertheless be considered by the court as a ground for refusing to recognise the transfer of the decree, but in view of the wording of order xxi, rule 16, from which the words 'if that court thinks fit' found in the old section 232, have been omitted, it is difficult to hold that the court has a disoretion to decline to allow execution on this ground vide asud ali molla v. haider ali 6 ind. cas. 826 : 38 c.p 13 : 14 c.w.n. 918 : 12 c.l.j. 130.2. the order of the lower court must be set aside and execution must be allowed to proceed. i.....
Judgment:

William Ayling, J.

1. Following Venkataswami Naidu v. Rangappa Naidu 26 Ind. Cas. 944 : 2 L.W. 109 I must hold that the lower Court was not justified in considering the discharge alleged by the defendant, It certainly could not be set up against the original decree holder vide Budrudeen v. Gulam Moideen 12 Ind. Cas. 562 : 36 M.P 357 : 10 M.L.T. 396 : (1911) 2 M.W.N. 473 : 24 M.L.J. 541. It is argued that it may nevertheless be considered by the Court as a ground for refusing to recognise the transfer of the decree, but in view of the wording of Order XXI, Rule 16, from which the words 'if that Court thinks fit' found in the old Section 232, have been omitted, it is difficult to hold that the Court has a disoretion to decline to allow execution on this ground vide Asud Ali Molla v. Haider Ali 6 Ind. Cas. 826 : 38 C.P 13 : 14 C.W.N. 918 : 12 C.L.J. 130.

2. The order of the lower Court must be set aside and execution must be allowed to proceed. I make no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //