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Gunamoni Dasi Vs. Gopal Chunder Chatterjee - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1893)ILR20Cal370
AppellantGunamoni Dasi
RespondentGopal Chunder Chatterjee
Excerpt:
civil procedure code (act xiv of 1882), section 248 - notice of execution--condition precedent--execution of decree against legal representative. - beverley, j.1. i concur with my learned colleague in dismissing this appeal. having regard to the provisions of sections 248, 249, and 250 of the code of civil procedure, it seems to me clear that until notice is issued on the legal representative of the judgment-debtor, the court has no jurisdiction to issue its warrant for the execution of the decree.2. the appeal is therefore dismissed with costs.
Judgment:

Beverley, J.

1. I concur with my learned colleague in dismissing this appeal. Having regard to the provisions of Sections 248, 249, and 250 of the Code of Civil Procedure, it seems to me clear that until notice is issued on the legal representative of the judgment-debtor, the Court has no jurisdiction to issue its warrant for the execution of the decree.

2. The appeal is therefore dismissed with costs.


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