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K. Raghavachari Vs. R. Paramaswami Pillai - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in55Ind.Cas.812
AppellantK. Raghavachari
RespondentR. Paramaswami Pillai
Cases ReferredSwaminatha Ayyar v. Vaidyanatha Sastri
Excerpt:
civil procedure code (act v of 1908), section 47 - execution of decree--application to be brought on record as representative of judgment-debtor--court to which application should be made. - .....of the judgment-debtor in order that he might raise a question covered by section 47, civil procedure code, must apply to the kumbakonam subordinate court which passed the decree. apparently he has in mind the ruling of this court in swaminatha ayyar v. vaidyanatha sastri 28 m.p 466 : 15 m.l.j. 116 but that related to an application under section 234 of the civil procedure code to bring in the legal representative of a deceased judgment-debtor on record, which is expressly provided for in the code. this application is made so that the petitioner may raise a question to be decided by the executing court under section 47, civil procedure code, and we think that the court executing the decree is the proper court to entertain this application.2. the appeal is, therefore,.....
Judgment:

1. We think the Subordinate Judge is wrong in holding that the petitioner, who wanted to be brought on record as the representative of the judgment-debtor in order that he might raise a question covered by Section 47, Civil Procedure Code, must apply to the Kumbakonam Subordinate Court which passed the decree. Apparently he has in mind the ruling of this Court in Swaminatha Ayyar v. Vaidyanatha Sastri 28 M.P 466 : 15 M.L.J. 116 but that related to an application under Section 234 of the Civil Procedure Code to bring in the legal representative of a deceased judgment-debtor on record, which is expressly provided for in the Code. This application is made so that the petitioner may raise a question to be decided by the executing Court under Section 47, Civil Procedure Code, and we think that the Court executing the decree is the proper Court to entertain this application.

2. The appeal is, therefore, allowed. We set aside the order of the Subordinate Judge and remand the petition to him for disposal on the merits. The respondent will pay the costs of the appellant.


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