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Kristamneni Kristnayya Vs. Karnedhan Kothari - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1930Mad224; 126Ind.Cas.284
AppellantKristamneni Kristnayya
RespondentKarnedhan Kothari
Excerpt:
civil procedure code (act v of 1908), order xxxix, rule 6 - power of court to appoint commissioner to sell crop. - .....he has no right to apply for a commissioner.2. the respondent complains that the suit is being wantonly delayed by the petitioner in this court--that is a matter for the lower court.3. the petition is allowed with costs and the order.....
Judgment:

Jackson, J.

1. The order of the lower Court cannot be supported. The Court certainly has no jurisdiction under Order XXVI, Rule 9, Schedule I, Civil Procedure Code. There is nothing in the affidavit to attract Order XXXIX, Rule 1, and Order XXXIX, Rule 6 merely gives power to a Court to sell a perishable article and certainly does not authorize it to send a Commissioner to sell any crop. Nor is this a matter in which Section 151 should be invoked The proper course for the respondent would be to apply for a Receiver, if he has right to apply and if he has no right to apply for a Receiver, he has no right to apply for a Commissioner.

2. The respondent complains that the suit is being wantonly delayed by the petitioner in this Court--that is a matter for the lower Court.

3. The petition is allowed with costs and the order cancelled.


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