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Manammal Vs. the Collector of Trichinopoly - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.879
AppellantManammal
RespondentThe Collector of Trichinopoly
Cases ReferredMonessar Doss v. Beer Pratap Sahee
Excerpt:
civil procedure code (act xiv of 1882), sections 266(l), 273 -decree for maintenance is a right to future maintenance--not liable to attachment. - 1. the decree for maintenance is a right to future maintenance and under section 266(l) of the civil procedure code of 1882 cannot be attached. it is not a money decree and cannot be attached under section 273 of civil procedure code of 1882, as seems to have been done in this case. perhaps the proper procedure would be that laid down in monessar doss v. beer pratap sahee 15 w.r. 188. the appeal is allowed and the attachment set aside. there will be no costs.
Judgment:

1. The decree for maintenance is a right to future maintenance and under Section 266(l) of the Civil Procedure Code of 1882 cannot be attached. It is not a money decree and cannot be attached under Section 273 of Civil Procedure Code of 1882, as seems to have been done in this case. Perhaps the proper procedure would be that laid down in Monessar Doss v. Beer Pratap Sahee 15 W.R. 188. The appeal is allowed and the attachment set aside. There will be no costs.


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