Skip to content


Subbarama Ayyar Vs. P.P.A.R.R.M. Arunachellam Chettiar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.731
AppellantSubbarama Ayyar
RespondentP.P.A.R.R.M. Arunachellam Chettiar and anr.
Cases ReferredNayana Naickan v. Syed Gulam Ghowse
Excerpt:
civil procedure code (act v of 1908), sections 2 and 47 - arrest in execution, order deciding legality of--appeal--application to set aside ex parte decree--order giving time for payment, whether operates as stay of execution. - 1. a decision on the question whether an arrest made of the judgment-debtor by the officer of the court is legal or otherwise has been held in nayana naickan v. syed gulam ghowse 5 ind. cas. 909; 20 m.l.j. 136; 8 m.l.t. 122 to fall under sections 47 and 2 of the civil procedure code and we agree with that decision. the preliminary objection that no appeal lies is, therefore, over-ruled.2. on the merits, the appellant has no case, as the order giving time to the appellant till 4th september 1914 to pay the decree amount into court, which order was passed on his application to set aside the ex parte decree was not intended to, and did not legally, operate as a stay of execution of the ex, parte decree itself.3. the appeal is dismissed with costs.
Judgment:

1. A decision on the question whether an arrest made of the judgment-debtor by the officer of the Court is legal or otherwise has been held in Nayana Naickan v. Syed Gulam Ghowse 5 Ind. Cas. 909; 20 M.L.J. 136; 8 M.L.T. 122 to fall under Sections 47 and 2 of the Civil Procedure Code and we agree with that decision. The preliminary objection that no appeal lies is, therefore, over-ruled.

2. On the merits, the appellant has no case, as the order giving time to the appellant till 4th September 1914 to pay the decree amount into Court, which order was passed on his application to set aside the ex parte decree was not intended to, and did not legally, operate as a stay of execution of the ex, parte decree itself.

3. The appeal is dismissed with costs.


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