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Rajendronath Roy Bahadoor Vs. Chunnoomul and Kalee Churn Lahoree - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1880)ILR5Cal448
AppellantRajendronath Roy Bahadoor
RespondentChunnoomul and Kalee Churn Lahoree
Excerpt:
application for certificate of part-satisfaction - act x of 1877, section 258. - .....the court executing the decree sent to it 'under this chapter, shall have the same power in executing such decree as if it had been passed by itself.'2. on this ground, therefore, we reverse the order of the judge of rajshahye, and direct him to take up the application and deal with it as required by law. costs to abide the result.
Judgment:

Morris, J.

1. The Judge of Rajshahye, to whom the decree had been sent for execution in this case, was wrong in declining jurisdiction and in refusing to entertain the application made by the judgment debtor under Section 258 of the Civil Procedure Code. If the judgment-debtor had paid money out of Court subsequent to the order under which the certificate was sent to him from the High Court, and if his application was made in due time as required by the. law of limitation subsequent to the payment, there is nothing in our opinion to prevent the Judge from dealing with the application, because, under Section 228, the Court executing the decree sent to it 'under this chapter, shall have the same power in executing such decree as if it had been passed by itself.'

2. On this ground, therefore, we reverse the order of the Judge of Rajshahye, and direct him to take up the application and deal with it as required by law. Costs to abide the result.


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