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Remfry Vs. Depenning and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtKolkata
Decided On
Judge
Reported in(1884)ILR10Cal929
AppellantRemfry
RespondentDepenning and anr.
Cases ReferredAlliance Bank v. Hoff
Excerpt:
indian succession act (x of 1865), section 282 - judgment-creditor--execution of decree--priority--executor--administrator--administrator-general's act (ii of 1874), section 35. - pigot, j.1. in this case execution must issue; section 35 of the administrator-general's act is limited to the express purpose for which it was enacted, and there is nothing in that act or in the civil procedure code to change the position of the administrator--general, or to put him in a better position than any ordinary suitor. i must follow the course pursued in the suit of the alliance bank v. hoff; unrep and execution must issue.
Judgment:

Pigot, J.

1. In this case execution must issue; Section 35 of the Administrator-General's Act is limited to the express purpose for which it was enacted, and there is nothing in that Act or in the Civil Procedure Code to change the position of the Administrator--General, or to put him in a better position than any ordinary suitor. I must follow the course pursued in the suit of the Alliance Bank v. Hoff; Unrep and execution must issue.


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