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Alaganan Chettiar Vs. Ramanathan Chettiar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1927Mad1030
AppellantAlaganan Chettiar
RespondentRamanathan Chettiar
Cases ReferredArunachalam Chetty v. Somasundaram Chetty
Excerpt:
- .....think we ought not to decide the matter in revision. the petitioner has got another remedy by a regular suit.3. the petition is dismissed, but under the circumstances of the case, without.....
Judgment:

1. This is a revision petition against an order under Section 73, Civil P. C. It may be that, if the order of the Court is obviously wrong and if one can say that the proper order should be in favour of the petitioner, we may interfere in civil revision petition: vide Sree Krishna Das v. Chandook Chand [1909] 32 Mad. 334 But the matter here is not obvious. The question turns on the meaning of the words 'receipt of assets' in a case where the decree-holder has been allowed to bid and set off. The petitioner relies on Arunachalam Chetty v. Somasundaram Chetty [1920] 12 M .L. W. 328.

2. In these circumstances we think we ought not to decide the matter in revision. The petitioner has got another remedy by a regular suit.

3. The petition is dismissed, but under the circumstances of the case, without costs.


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