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Arasayee Ammal Vs. Sokkalinga Mudali - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in33Ind.Cas.84
AppellantArasayee Ammal
RespondentSokkalinga Mudali
Cases ReferredAhhoy Koomar Soor v. Bejoy Chand Mohatap
Excerpt:
civil procedure code (act v of 1908), section 47 - purchaser of property not affected by decree--legal representative--claim petition of such purchaser, nature of--appeal. - t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city police act and the proviso to..........hence also no second appeal lies to this court), as a person who purchases property which is not directly mentioned in and affected by the decree is not the legal representative of the judgment-debtor and his claim petition cannot be treated as a petition under section 47 of the civil procedure code. the case of akhoy kumar soor v. bejoy chand mohatap 29 c.k 813 referred to by the subordinate judge and the case of ishan chunder sirkar v. beni madhub sirkar 1 c.w.n. 36 followed in the case of ahhoy koomar soor v. bejoy chand mohatap 29 c. s813 were cases whore the decrees directly affected the property sold, as they were mortgage-decrees for sale of those properties.2. the appeal is dismissed with costs.
Judgment:

1. The preliminary objection that no appeal lay from the District Munsifs order must be upheld (and hence also no second appeal lies to this Court), as a person who purchases property which is not directly mentioned in and affected by the decree is not the legal representative of the judgment-debtor and his claim petition cannot be treated as a petition under Section 47 of the Civil Procedure Code. The case of Akhoy Kumar Soor v. Bejoy Chand Mohatap 29 C.k 813 referred to by the Subordinate Judge and the case of Ishan Chunder Sirkar v. Beni Madhub Sirkar 1 C.W.N. 36 followed in the case of Ahhoy Koomar Soor v. Bejoy Chand Mohatap 29 C. S813 were cases whore the decrees directly affected the property sold, as they were mortgage-decrees for sale of those properties.

2. The appeal is dismissed with costs.


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