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Venkatachala Reddi and ors. Vs. Venkatarama Reddi and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad665
AppellantVenkatachala Reddi and ors.
RespondentVenkatarama Reddi and anr.
Excerpt:
civil procedure code - act xiv of 1882, section 244--addition by appellant of parties to record as representatives of deceased respondent--dismissal of appeal--application by some representatives in execution--dispute among representatives as to whether some of them had been wrongly brought on--question determinate in execution. - .....definite order rejecting the application to execute the decree until it had been decided in a separate suit as to who were the legal representatives of the original plaintiff. the order of the district judge in appeal directing such inquiry to be made in execution cannot however be upheld. the munsif had no jurisdiction in execution to re-open the question as to whether certain persons brought on the record of the suit as representatives of the deceased plaintiff and as such made respondents in the appeal had been properly joined as parties or not. the matter was settled by the appellate court before passing its decree and therefore could not be questioned in. execution.2. the order of the district judge is therefore set aside, as is also that of the district munsif referring the parties.....
Judgment:

1. We are unable to accept the contention of the appellant's vakil that no appeal lay to the District Judge inasmuch as the District Munsif had not determined any question arising under Section 214 of the Code of Civil Procedure, for we find that the Munsif passed a definite order rejecting the application to execute the decree until it had been decided in a separate suit as to who were the legal representatives of the original plaintiff. The order of the District Judge in appeal directing such inquiry to be made in execution cannot however be upheld. The Munsif had no jurisdiction in execution to re-open the question as to whether certain persons brought on the record of the suit as representatives of the deceased plaintiff and as such made respondents in the appeal had been properly joined as parties or not. The matter was settled by the Appellate Court before passing its decree and therefore could not be questioned in. execution.

2. The order of the District Judge is therefore set aside, as is also that of the District Munsif referring the parties to a suit. The District Munsif is directed to replace the application on his file and dispose of it according to law. Costs will abide and follow the result.


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