High CourtsDivision Bench(1918) 10 MAD CK 0033

Badmi Seshiah vs Katti Chinna Marippa and Another

Madras High Court · Decided on 17 October 1918 · Citation: 52 Ind. Cas. 928

HON’BLE JUDGES
William Ayling, J · Krishnan, J

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Judgment

4 paragraphs · 88 words
1.

Plaintiff is not a judgment-debtor; and Order XXI, Rule 103, of the CPC specially gives him a right of suit. This rule is not, in our opinion,

restricted by the general provisions of Section 47 of the Code of Civil Procedure. The decision in Ramaswami Sastrulu v. Kameswaramma 10

M.L.J. 126was passed under the old Code; and we may respect, fully add, does not consider the distillation between a party to the suit and

judgment debtor as defined in the Code. The appeal is dismissed with costs.