High Courts(1927) 04 MAD CK 0031

Alaganan Chettiar vs Ramanathan Chettiar

Madras High Court · Decided on 20 April 1927 · Citation: AIR 1927 Mad 1030

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Judgment

3 paragraphs · 148 words
1.

This is a revision petition against an order u/s 73, Civil P. C. It may be that, if the order of the Court is obviously wrong and if one can say that the proper order should be in favour of the petitioner, we may interfere in civil revision petition: vide Sree Krishna Das v. Chandook Chand [1909] 32 Mad. 334 But the matter here is not obvious. The question turns on the meaning of the words "receipt of assets" in a case where the decree-holder has been allowed to bid and set off. The petitioner relies on Arunachalam Chetty v. Somasundaram Chetty [1920] 12 M .L. W. 328.

2.

In these circumstances we think we ought not to decide the matter in revision. The petitioner has got another remedy by a regular suit.

3.

The petition is dismissed, but under the circumstances of the case, without costs.