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Chakravarthi Nainar Vs. Ammaiappa Nainar and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad2320(2); 25Ind.Cas.117
AppellantChakravarthi Nainar
RespondentAmmaiappa Nainar and anr.
Excerpt:
civil procedure code (act v of 1908), sections 60, 62 - execution--outer deer closed--opening by getting ever roof--subsequent entry by amin--attachment, legality of--cattle and seed--grain of agriculturists, how far exempt from attachment. - 1. the first point taken is that the district munsif failed to deal with the allegation that the entry into petitioner's house by certain persons named did not comply with the provisions of section 62, civil procedure code. a sufficient answer is that the allegation was in any case useless, since the person executing the process, the amin is, it is admitted, not one of those persons.2. we think that the lower courts correctly interpreted section 60, civil procedure code. the other ground argued, therefore, fails also.3. the second appeal and the civil revision petition are, therefore, dismissed.
Judgment:

1. The first point taken is that the District Munsif failed to deal with the allegation that the entry into petitioner's house by certain persons named did not comply with the provisions of Section 62, Civil Procedure Code. A sufficient answer is that the allegation was in any case useless, since the person executing the process, the amin is, it is admitted, not one of those persons.

2. We think that the lower Courts correctly interpreted Section 60, Civil Procedure Code. The other ground argued, therefore, fails also.

3. The second appeal and the civil revision petition are, therefore, dismissed.


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